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SILCOTT v. DAHLBERG

No. 89-1680.

49 Ohio St. 3d 51 (1990)

SILCOTT v. DAHLBERG, SUPT.

Supreme Court of Ohio.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Capital University Law School Legal Clinic and Max Kravitz, for Roy A. Silcott, Jr.

Anthony J. Celebrezze, Jr., attorney general, and Alexander G. Thomas, for Eric G. Dahlberg, Super-intendent, Ohio State Reformatory.

The motion to dismiss is sustained and the cause is dismissed.

MOYER, C.J., SWEENEY, HOLMES, WRIGHT, H. BROWN and RESNICK, JJ., concur.

DOUGLAS, J., dissents.

DOUGLAS, J., dissenting. I would not grant bail, but I dissent from the dismissal of this cause because habeas corpus is the proper remedy to establish, if appropriate, post-conviction bail. See, generally, In re DeFronzo (1977), 49 Ohio St.2d 271

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