STATE EX REL. SMIRNOFF v. GREENE

No. 98-1096.

84 Ohio St.3d 165 (1998)

THE STATE EX REL. SMIRNOFF, M.D., APPELLEE, v. GREENE, JUDGE, APPELLANT.

Supreme Court of Ohio.

Decided December 16, 1998.


Attorney(s) appearing for the Case

Jerome Emoff and Georg Abakumov, for appellee.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Macy Lee, Assistant Prosecuting Attorney, for appellant.


Per Curiam.

Judge Greene asserts in her sole proposition of law that the court of appeals erred in granting the writ of habeas corpus when Smirnoff was neither confined nor restrained of his liberty by the challenged bail condition preventing him from prescribing and administering dangerous drugs. For the reasons that follow, we find Judge Greene's contention to have merit and reverse the judgment of the court of appeals.

First, habeas...

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