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123 Ohio St. 3d 1413

In re Broom

Ohio Supreme Court

Decided October 6, 2009

Ohio Supreme Court · decided 2009-10-06

Relies on 84 Ohio St. 3d 1427 - State v. Price

Decided 2009-10-06

¶1In Habeas Corpus. This cause originated in this court on the filing of a petition for a writ of habeas corpus and was considered in a manner prescribed by law. Upon consideration thereof,

¶2It is ordered by the court, sua sponte, that the writ is allowed. Allowing the writ means only that a return is ordered. See Reed v. Kinkela (1998), 84 Ohio St.3d 1427, 702 N.E.2d 903; Hernandez v. Kelly, 107 Ohio St.3d 1430, 2005-Ohio-6400, 838 N.E.2d 670.

¶3It is further ordered that respondent shall file a return of writ within 21 days of service of the petition, and petitioner may file a response within ten days after the return is filed. Petitioner’s physical presence before the court is not required.

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