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STATE EX REL. LARKINS v. BAKER

No. 95-278.

73 Ohio St.3d 658 (1995)

THE STATE EX REL. LARKINS, APPELLEE, v. BAKER, WARDEN, APPELLANT.

Supreme Court of Ohio.

Decided September 6, 1995.

Attorney(s) appearing for the Case

David H. Bodiker, Ohio Public Defender, Kort Gatterdam and David Hanson, Assistant Public Defenders, for appellee.

Betty D. Montgomery, Attorney General, and Charles L. Wille, Assistant Attorney General, for appellant.

PFEIFER, J.

We determine today that a writ of habeas corpus will not lie where a criminal defendant has waived his right to a jury trial by executing a written waiver, where the waiver is handed to the trial judge and placed in the court's case file, but is not file stamped. A writ of habeas corpus will lie in certain extraordinary circumstances where there is an unlawful restraint of a person's liberty and there is no adequate legal remedy. State ex rel. Pirman...

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