Locke v. Jenkins, 253 N.E.2d 757 (Ohio 1969). · Go Syfert
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Locke v. Jenkins, 253 N.E.2d 757 (Ohio 1969). Cases Citing This Book View Copy Cite
31 citation events (20 in the last 25 years) across 5 distinct courts.
Strongest positive: State ex rel. Torrez v. Whitaker, 410 P.3d 201 (N.M. 2018)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
How cited ↗
Cited for
20 Ohio St. 2d at 46 “tjhere is no discretion in the trial court in such matters.”1 citing case1 citing court quotes it
253 N.E.2d at 757 stating that “[t]he right to bail under that section is absolute, the only exception being for capital offenses. There is no discretion in the trial court in such matters.1 citing case1 citing court put it this way
  • State ex rel. Torrez v. Whitaker, 410 P.3d 201 (N.M. 2018).published
    (stating that “[t]he right to bail under that section is absolute, the only exception being for capital offenses. There is no discretion in the trial court in such matters.)
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Locke
v.
Jenkins, Judge, Columbus Municipal Court
No. 69-725.
Ohio Supreme Court.
Nov 20, 1969.
Published opinion
253 N.E.2d 757
1969 Ohio LEXIS 421
Mr. Otto Beatty, Jr., for petitioner., Mr. John C. Young, city attorney, Mr. William J. Melvin and Mr. Robert A. Cohen, for respondent, Robert Baus, chief of police.
Corrigan, Duncan, Herbert, Matthias, Neill, Schneider, Tart.
Cited by 11 opinions  |  Published
Per Curiam.

In this action, petitioner seeks his release by the writ of habeas corpus and an order requiring the Municipal Court judge to set bail in a reasonable amount.

Section 9, Article I of the Ohio Constitution reads as follows:

“All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be re[*46]quired; nor excessive fines imposed; nor cruel and unusual punishments inflicted.”

The right to hail under that section is absolute, the only, exception being for capital offenses. There is no discretion in the trial court in such matters. State v. Bevacqua, 147 Ohio St. 20, 22; 8 Corpus Juris Secundum 7, Bail, Section 35.

The writs are allowed and the judge is ordered to set bail in an amount which is reasonable in relation to the facts and circumstances of these cases.

Writs allowed.

Tart, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.