how long doe ohio attorney general have to answer habeas corpus

by Kasey Schowalter 9 min read

An opposition to the request for an evidentiary hearing shall be made within 14 days from the filing of the request. Any reply shall be filed within 7 days from the filing of the opposition. The Court will then give due consideration to whether an evidentiary hearing will be held.

Full Answer

When to file a petition for habeas corpus in federal court?

Section 2725.01 | Persons entitled to writ of habeas corpus. Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.

How do I file a writ of habeas corpus in Wisconsin?

Oct 06, 2015 · Federal habeas can be a very slow process. The longest I ever had to wait for a decision on a federal habeas corpus case was three years from the conclusion of evidentiary hearing. After three years the judge entered an extraordinarily long and detailed written order granting relief. That is three years after evidentiary hearing, you understand.

When do you use a writ of habeas corpus?

Mar 25, 2008 ·

How do I appeal a habeas corpus denial?

What does a writ of habeas corpus require?

In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.

What are the instances when the writ of habeas corpus shall not be allowed?

- If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ ...

How long do you have to appeal to the Ohio Supreme Court?

within 45 daysThe notice of appeal must be filed within 45 days of the date that the court of appeals filed its judgment entry with its clerk. The notice of appeal must be filed within 45 days of the date that the court of appeals filed its judgment entry with its clerk.

What is the Sunshine law Ohio?

Ohio's public records and open meetings laws, collectively known as the "Sunshine Laws," give Ohioans access to government meetings and records. The Ohio Attorney General's Office (AGO) helps public officials and citizens understand their rights and responsibilities under these laws.Jun 7, 2018

When can habeas corpus be suspended?

Article 1, Section 9 of the US Constitution states, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."Oct 29, 2018

When has writ of habeas corpus be suspended?

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

How long do you have to appeal a conviction in Ohio?

Ohio law states that if the defendant filed a direct appeal from the conviction, the petition must be filed within 365 days of the date that the trial transcript is filed in the court of appeals.Oct 15, 2020

How long does an appeal take in Ohio?

The Court of Appeals takes every case under consideration immediately after oral argument or at the time scheduled for argument, if oral argument has been waived or will not be held. Normally, a decision will be rendered within 60 days of oral argument.

What is a final appealable order in Ohio?

A Notice of Final Appealable Order is a decision rendered by the Judge or Magistrate that is appealable, or can be reversed (child support decisions, custody issues ect.) Parties have 30 days to file an appeal with the Court of Appeals on a decision rendered by a Judge.

Are personnel files public record in Ohio?

Generally, the personnel files of a public office employee are considered public records. This also may include personnel records kept of a former employee.Jun 29, 2012

What is the Ohio Public Records Act?

The Ohio Public Records Act is built on the United States' historical position that the records of government are “the people's records.” The Public Records Act provides any person details on how to request records from any public office in Ohio, while protecting certain records from disclosure.

What is considered public record in Ohio?

A public record means any records kept by any public office, except those records that are otherwise identified as exempt under the Ohio Public Records Act or the release of which is prohibited by state or federal law.