Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas corpus shall not be allowed. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Section 2725.01 | Persons Entitled to Writ of Habeas Corpus.
Section 2725.02 | Courts Authorized to Grant Writ.
Section 2725.03 | Jurisdiction for Production or Discharge of Inmate of Institution.
Section 2725.04 | Application for Writ.
Section 2725.05 | Writ Not Allowed.
Section 2725.06 | Writ Must Be Granted.
Section 2725.07 | Clerk Shall Issue Writ.
Section 2725.08 | Designation of Prisoner.
Section 2725.09 | Requisites of Writ.
Section 2725.10 | Form of Writ When Prisoner Not in Custody of an Officer.
Section 2725.11 | Service of Writ.
Section 2725.12 | Execution and Return of Writ.
Section 2725.13 | Return of Writ to Another Judge.
Section 2725.14 | Contents of the Return.
Section 2725.15 | Return Must Be Signed and Sworn To.
Section 2725.16 | Continuance of Cause.
Section 2725.17 | Discharge of Prisoner.
Section 2725.18 | Prisoner May Be Committed or Let to Bail.
Section 2725.19 | Mandatory Commitment for Capital Offense.
Section 2725.20 | Return as Evidence or Plea.
Section 2725.21 | Forfeiture by Clerk for Refusal to Issue Writ.
Section 2725.22 | Failure to Obey Writ.
Section 2725.23 | Persons at Large Upon Writ Not to Be Again Imprisoned.
Section 2725.24 | Prisoner Shall Not Be Removed From Custody of One Officer to Another.
Section 2725.26 | Record of Writs.