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State ex rel. Hairston v. State

Court of Appeals of Ohio, Tenth District

January 11, 2018

State ex rel. Rico Isaih Hairston, Petitioner,
v.
State of Ohio et al., Respondents.

         IN HABEAS CORPUS ON RESPONDENT'S MOTION TO DISMISS

          RICO ISAIH HAIRSTON, PRO SE.

          DECISION

          TYACK, JUDGE.

         {¶ 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 proceedings.

         {¶ 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.

         Motions denied; Writ of habeas corpus denied.

          KLATT and BRUNNER, JJ., concur.

         APPENDIX

         Rendered on August 23, 2017

         IN HABEAS CORPUS ON ...


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