Ohio Revised Code

Ohio Rev. Code § 2725.02 (2026)

Courts authorized to grant writ

✓ current as of May 2026
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The writ of habeas corpus may be granted by the supreme court, court of appeals, court of common pleas, probate court, or by a judge of any such court.

Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1958–2025 · leading case: Lewis v. Telb, 497 N.E.2d 1376 (Ohio Ct. App. 1985).
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Lewis v. Telb, 497 N.E.2d 1376 (Ohio Ct. App. 1985). “*12 Petitioner has exhausted her remedies with respect to bail reduction in the trial court, having filed a motion for reduction of bond and having had said motion denied; petitioner has applied to this court pursuant to R.C. 2725.02, requesting a writ of habeas corpus.”
Drew v. State ex rel. Neil, 2020 Ohio 4366 (Ohio Ct. App. 2020). “{¶2} In Ohio, appellate courts enjoy original jurisdiction over writs of habeas corpus and are empowered with the authority to grant such relief. Ohio Constitution, Article IV, Section 3(B)(1)(c) (“The courts of appeals shall have original jurisdiction in the following * * *…”
Smith v. Leis, 847 N.E.2d 485 (Ohio Ct. App. 2006). “6 Furthermore, we have jurisdiction to grant a writ of habeas corpus under R.C. 2725.02 if we conclude that Smith is being “unlawfully restrained of his liberty” under R.”
State ex rel. White v. Nusbaum (Slip Opinion), 2018 Ohio 4489 (Ohio 2018). “R.C. 2725.02. {¶ 8} In his reply brief, White clarifies that he does not deny the jurisdiction of common pleas courts to issue habeas corpus writs in some cases.”
Mott v. Sheriff of Hamilton Cnty., 548 N.E.2d 301 (Ohio Ct. App. 1988). “First, the jurisdiction granted by the General Assembly to the courts of common pleas (under Section 4[B], Article IV, Ohio Constitution and R.C. 2725.02) for the granting of writs of habeas corpus when a person is in custody as an inmate of a state penal institution, the…”
Knox v. Maxwell, 277 F. Supp. 593 (N.D. Ohio 1967). · cites it 2× “Section 2725.02 of the Ohio Revised Code empowers the courts of Ohio to grant habeas corpus relief.”
Hargrove v. Bobby, 2023 Ohio 1474 (Ohio Ct. App. 2023). “{¶5} This court is vested with original jurisdiction over a petition for a writ of habeas corpus pursuant to Article IV, Section 3(B)(1)(c) of the Ohio Constitution and R.C. 2725.02. To receive a writ of habeas corpus, a petitioner must show they are being unlawfully restrained…”
Randolph Russell v. E. L. Maxwell, Warden, Ohio Penitentiary, 348 F.2d 908 (6th Cir. 1965). “He could take an appeal to the Supreme Court of Ohio from an adverse ruling of the Court of Appeals. Ibid. The Constitution of Ohio vested original jurisdiction in the Supreme Court to hear and determine petitions for habeas corpus.”
State ex rel. White v. Tepe (Slip Opinion), 2019 Ohio 760 (Ohio 2019). · cites it 2× “R.C. 2725.02. {¶ 8} In his reply brief, White clarifies that he does not deny the jurisdiction of the common pleas courts to issue habeas corpus writs in some cases.”
State ex rel. Bryant v. Warden, Franklin Med. Ctr., 2021 Ohio 562 (Ohio Ct. App. 2021). “Discussion and Conclusions of Law: {¶ 25} This court has territorial and subject-matter jurisdiction over this petition for habeas corpus pursuant to R.C. 2725.02 and 2725.03, and Ohio Constitution, Article IV, Section 3(B)(2).”
State ex rel. Dodson v. Gray, 2024 Ohio 2766 (Ohio Ct. App. 2024). “Mandamus {¶7} This court is vested with original jurisdiction over a petition for a writ of habeas corpus pursuant to Article IV, Section 3(B)(1)(c) of the Ohio Constitution and R.C. 2725.02. R.C. 2725.01 provides: “Whoever is unlawfully restrained of his liberty, or entitled to…”
Kelley v. Gray, 2023 Ohio 3336 (Ohio Ct. App. 2023). “{¶2} R.C. 2725.02 grants to this Court the ability to authorize writs of habeas corpus.”
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