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19 Ohio St. 2d 181

Ashmore v. State

Ohio Supreme Court

Decided July 30, 1969

Ohio Supreme Court · decided 1969-07-30

Cited by 2 later decisions — most recently August 1982

2 state decisions

Relies on Klopfer v. State of North Carolina · Smith v. Hooey

Good law ✅— No negative treatment on recordhow we know

Decided 1969-07-30

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Per Curiam.

¶1The petition filed herein, and the response thereto, indicate a failure of the state “to make a diligent, good-faith effort” to bring the petitioner before the Dayton Municipal Court for proceedings related to the detainer issued against him. A reasonable effort by the state to secure his presence is required by the decisions of the Supreme Court of the United States in Klopfer v. North Carolina (1967), 386 U. S. 213, 18 L. Ed. 2d , 87 S. Ct. 988, and Smith v. Hooey (1969), U. S. , 21 L. Ed. 2d 607. We are of the opinion that the reasons supporting those decisions, where a petitioner is currently under indictment by a jurisdiction other than the one in which he is incarcerated, apply with equal force to a petitioner against whom a detainer has been issued based upon a warrant for his arrest.

¶2Writ allowed.

Taft, C. J., O’Neill, Schneider, Herbert and Duncan, JJ., concur.*Matthias, J., dissents.
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