When the judge has examined the cause of caption and detention of a person brought before him as provided in section 2725.12 of the Revised Code, and is satisfied that such person is unlawfully imprisoned or detained, he shall forthwith discharge such person from confinement. On such examination, the judge may disregard matters of form or technicalities in any mittimus or order of commitment by a court or officer authorized by law to commit.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1995–2025 · leading case: State ex rel. Jackson v. McFaul, 652 N.E.2d 746 (Ohio 1995).
State ex rel. Jackson v. McFaul, 652 N.E.2d 746 (Ohio 1995). “2d 92, 94 ; R.C. 2725.17. As long as an unreasonable delay has not occurred, the remedy for noncompliance with the Morrissey parole-revocation due process requirements is a new hearing, not outright release from prison.”
Turner v. Hooks, 2016-Ohio-3083. “Turner is unlawfully imprisoned or detained by Mark Hooks, Warden, Ross Correctional Institution, Chillicothe, Ohio, and he is forthwith DISCHARGED from confinement pursuant to R.C. 2725.17. Pursuant to R.C. 2725.28, costs are taxed to the State.”
Perry v. Sloan, 2016-Ohio-1605. “3d 470, 472 (1992); R.C. 2725.17. {¶6} Here, petitioner had an adequate remedy at law in the form of a direct appeal and/or petition for postconviction relief.”
Davis v. Banks, 2013-Ohio-1852. “2d 746 (1995); R.C. 2725.17. Since Petitioner was released from prison on January 3, 2013, he is no longer in custody.”
State ex rel. Jackson v. McFaul, 73 Ohio St. 3d 185 (1995). “2d 92, 94 ; R.C. 2725.17. As long as an unreasonable delay has not occurred, the remedy for noncompliance with the Morrissey parole-revocation due process requirements is a new hearing, not outright release from prison.”
State ex rel. Rackley v. Sloan, 2015-Ohio-2984. “He had an adequate remedy at law in the form of an appeal and a postconviction motion for relief to raise such alleged errors. Under the doctrine of res judicata, Mr.”
Russell v. State, 2016-Ohio-840. · cites it 2ד” In a section entitled “Prayer for Relief,” Russell requested “that he may be discharged from said illegal confinement pursuant to R.C. § 2725.17 Discharge of Prisoner.” {¶ 7} On June 9, 2015, the trial court issued a Notice that provides: “It appears to the court that…”
Travis v. Trumbull Cty. Sheriff, 2017-Ohio-8948. “” 2 {¶7} In order to be entitled to habeas relief, the petitioner must state with particularity the extraordinary circumstances entitling him or her to relief.”
Travis v. Trumbull Cty. Sheriff, 2017-Ohio-8947. “” 2 {¶7} In order to be entitled to habeas relief, the petitioner must state with particularity the extraordinary circumstances entitling him or her to relief.”
Evans v. McGuffey, 2025-Ohio-5205, 276 N.E.3d 843. “” R.C. 2725.17. If the habeas court determines the petitioner is detained pending his trial “on a charge of having committed a crime or offense which is bailable,” then it “may recommit him or let him to bail.”
Ballard v. Miller, 2013-Ohio-2504. “2d 746 (1995); R.C. 2725.17. Since Petitioner's filings indicate that he was released from prison on May 23, 2013, he has failed to allege that he is being illegally confined as of the date of this judgment entry.”
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