State ex rel. Rico Isaih Hairston, Petitioner,
State of Ohio et al., Respondents.
HABEAS CORPUS ON RESPONDENT'S MOTION TO DISMISS
ISAIH HAIRSTON, PRO SE.
1} Rico Isaih Hairston filed this original action
seeking a writ to compel his release from incarceration. In
accord with Loc.R. 13 of the Tenth District Court of Appeals,
the case was referred to a magistrate to conduct appropriate
2} The magistrate reviewed the documents filed by
Hairston and issued a magistrate's decision, appended
hereto, recommending that this case be dismissed because
Hairston had not attached a copy of his commitment papers to
his complaint. The magistrate also noted that Hairston had
not complied with R.C. 2969.25.
3} Hairston filed paperwork which did not argue that
he had complied with the statutory requirements. Instead, he
sought to file an amended complaint. Hairston also stated
that his prison sentence has expired.
4} Hairston is now in the custody of the Franklin
County Sheriff as a result of new charges reflected in case
No. 17CR-01548. The new charges are two counts of rape, two
counts of attempted rape, and two counts of gross sexual
imposition. A bond of $500, 000 cash or surety has been set
for the new cases.
5} As best as the court can determine,
Hairston's original charges are no longer the reason for
his incarceration. Nothing before us indicates that the bond
and the incarceration awaiting trial on the rape and related
charges are legally insufficient to cause Hairston to be
detained awaiting his trial on those charges.
6} Hairston's motions to amend his complaint and
his request for a writ of habeas corpus are denied.
denied; Writ of habeas corpus denied.
and BRUNNER, JJ., concur.
on August 23, 2017
HABEAS CORPUS ON ...