
    Silcott v. Dahlberg, Supt.
    [Cite as Silcott v. Dahlberg (1990), 49 Ohio St. 3d 51.]
    (No. 89-1680
    Submitted November 14, 1989
    Decided February 21, 1990.)
    
      Capital University Law School Legal Clinic and Max Kravitz, for Roy A. Silcott, Jr.
    
      Anthony J. Celebrezze, Jr., attorney general, and Alexander G. Thomas, for Eric G. Dahlberg, Superintendent, Ohio State Reformatory.
   The motion to dismiss is sustained and the cause is dismissed.

Moyer, C.J., Sweeney, Holmes, Wright, H. Brown and Resnick, JJ., concur.

Douglas, J., dissents.

Douglas, J.,

dissenting. I would not grant bail, but I dissent from the dismissal of this cause because habeas corpus is the proper remedy to establish, if appropriate, post-conviction bail. See, generally, In re DeFronzo (1977), 49 Ohio St. 2d 271, 3 O.O. 3d 408, 361 N.E. 2d 448. I would remand this cause to the court of appeals for a Crim. R. 46 bail determination.  