Ohio Supreme Court
Chari v. Vore
April 11, 200191 Ohio St. 3d 323
Summary
The Ohio Supreme Court reversed the Court of Appeals’ decision granting a writ of habeas corpus to Krishan Chari and dismissed the case. It held that the burden of proving excessive bail lies with the petitioner, that a habeas petition must be verified, and that the petition must allege extraordinary facts with particularity. The Court also exercised its plenary authority to dismiss without remand.
Holding
- Whether the burden of proof in a habeas corpus action alleging excessive bail rests on the petitioner or the respondent sheriff. The burden of proof rests on the petitioner to show that bail is excessive; the respondent sheriff is not required to produce evidence to justify the bond amount.
- Whether a habeas corpus petition must be verified under R.C. 2725.04. A petition that is not verified must be dismissed; verification is a mandatory statutory requirement.
- Whether the petition must state with particularity the extraordinary circumstances justifying relief. The petition must allege specific facts showing extraordinary circumstances; conclusory statements are insufficient and warrant dismissal.
- Whether the Supreme Court may exercise plenary authority to reverse and dismiss the cause without remand. The Court may use its plenary authority in extraordinary writ cases to dismiss the cause directly, avoiding remand.
Docket No. 00-926