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Bland v. Holden

Bland v. Holden, Judge

Bland v. Holden, 257 N.E.2d 397 (Ohio 1970)
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Court
Ohio Supreme Court · State Highest Courts
Decided
March 25, 1970
Docket
No. 69-847
Judges
Cobeigah, Duncah, Hebbebt, Leach, Matthias, Neill, Schneideb, Taft, Tenth
Citations
257 N.E.2d 39721 Ohio St. 2d 23850 Ohio Op. 2d 4771970 Ohio LEXIS 460

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This is an action in habeas corpus originating in this court. Petitioner’s contention is that he is being held under excessive bail, contrary to the provisions of Section 9 of Article I of the Ohio Constitution.

Petitioner is under indictment on 17 counts as follows: five counts of rape, five counts of armed robbery, five counts of breaking and entering, one count of burglary of an inhabited dwelling and one count of malicious entry. The five counts of rape, robbery and breaking and entering all arose out of the same five transactions. His bail is set at $45,000.

The purpose of bail is to secure the attendance of the accused at his trial. The amount of bail is largely within the sound discretion of the court. The court may consider the character and past record of the accused, the seriousness of and the number of crimes for which he is charged and the penalties attached thereto. Annotation, 72 A. L. R. 801. If the penalty is not great, the accused may have no incentive to jump bail. On the other hand, if an accused is charged with crimes the conviction for which would result in long incarceration, with little hope of early release or probation, the incentive to abscond is greater and the amount must be such as to discourage the accused from absconding.

In the instant case, petitioner is charged with crimes for which, upon conviction, he has no chance of probation and in which the penalty is life imprisonment or long periods of incarceration. Therefore, it does not appear that the bail is excessive.

The writ of habeas corpus is denied and the petitioner is remanded to custody.

Petitioner remanded to custody.

Taft, O. J., Leach, O’Neill, Schneideb, Hebbebt, Duncah and Cobeigah, JJ., concur. Leach, J., of the Tenth Appellate District, sitting for Matthias, J.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 48 cases

View all citing references →
1970: 11977: 11982: 11983: 11985: 11986: 11989: 11995: 21997: 11998: 11999: 12000: 12001: 52002: 22003: 22005: 12006: 22007: 32008: 12010: 12012: 12014: 12015: 12018: 12019: 22020: 62022: 32023: 22024: 119702026peak 2020 · 6

Relies on it most ⓘ

  1. DuBose v. McGuffey (Slip Opinion)2022 Ohio 8, 195 N.E.3d 951
  2. Smith v. Leis847 N.E.2d 485 (Ohio Ct. App. 2006)
  3. Utley v. Kohl696 N.E.2d 652 (Ohio Ct. App. 1997)
  4. Lazzerini v. Maier2018 Ohio 1788, 111 N.E.3d 727
  5. State ex rel. Hassen v. Maier2014 Ohio 3459
  6. Mohamed v. Eckelberry (Slip Opinion)2020 Ohio 4585, 166 N.E.3d 1132

Most recent

  1. Oliver v. Pretel2024 Ohio 77
  2. Alliman v. Sigsworth2023 Ohio 4236
  3. State v. Wilhelm2023 Ohio 3223
  4. Gamble v. McGuffy2022 Ohio 4542
  5. Albert v. O'Malley2022 Ohio 2688
  6. DuBose v. McGuffey (Slip Opinion)2022 Ohio 8, 195 N.E.3d 951

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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