SMITH v. LEIS

No. 2004-1104.

106 Ohio St.3d 309 (2005)

2005-Ohio-5125

SMITH, APPELLANT, v. LEIS, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided October 12, 2005.


Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, L.L.P., and Pierre H. Bergeron, for appellant.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Judith Anton Lapp, Assistant Prosecuting Attorney, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Peter M. Thomas and Chelsea S. Rice, Assistant Solicitors, for Attorney General of Ohio.

Richard A. Magnus, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.


LANZINGER, J.

{¶ 1} This is a direct appeal from a judgment dismissing a petition for a writ of habeas corpus that challenges the imposition of a preconviction, cash-only bond. We hold that the appellant, Garey Smith, is not entitled to the requested writ, because he has now been convicted. Nevertheless, while this case is moot as to Smith, the issue raised is properly before us because...

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