COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80920
IN THE MATTER OF:             :
ARUNDELL DIXON,               :
                              :    PETITION FOR WRIT OF
          Petitioner          :    HABEAS CORPUS
                              :
     -vs-                     :    JOURNAL ENTRY AND OPINION
                              :
GERALD McFAUL, SHERIFF,       :    MOTION NO. 36506
                              :
          Respondent          :
DATE OF JOURNALIZATION:       MARCH 12, 2002
JUDGMENT:                     DISMISSED.
APPEARANCES:
For Petitioner:               Jaye M. Schlachet, Esq.
                              Jerome Emoff, Esq.
                              620 Terminal Tower
                              50 Public Square
                              Cleveland, Ohio  44113
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              The Justice Center   8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
MICHAEL J. CORRIGAN, P.J.:
     On  February  26,  2002,  the  petitioner,  Arundell  Dixon,
commenced this habeas corpus action against the respondent, Sheriff
Gerald McFaul.  The gravamen of his claim is that he is being held
on excessive bail.
     A review of Mr. Dixon's complaint and its attachments reveals
the following: On February 6, 2002, Mr. Dixon was arrested on drug
charges.1  The  Cleveland Municipal Court  initially set bond  at
$1,000,000.  Following a preliminary hearing on or about February
15, 2002, the municipal court bound the matter over to the court of
common pleas.  On February 20, 2002, before the arraignment,  Mr.
Dixon filed a motion to reduce bond.  The common pleas court denied
this motion on February 25, 2002, before any arraignment occurred.
     The writ of habeas corpus is an extraordinary remedy and  is
generally  precluded when  there is  an adequate  remedy at  law.
Linger v. Weiss (1979), 57 Ohio St.2d 97, 386 N.E.2d 1354; Pettry
v. McGinty (1979), 60 Ohio  St.2d 92, 397 N.E.2d 1190; Thomas  v.
Huffman (1998), 84 Ohio St.3d 266, 703 N.E.2d 315; and Luchene v.
Wagner (1984), 12 Ohio St.3d 37, 465 N.E.2d 395.  Although habeas
corpus is a proper remedy for a claim of excessive pretrial bond,
the peculiar, current procedural  posture of the underlying  case
indicates that  adequate  remedies exist.    Mr. Dixon  may  seek
reduction of the bond at the arraignment, and he may also file  a
motion to reduce bond with the actual trial court judge once  the
     1In the attached copy of a motion to reduce bond, Mr.  Dixon
asserts that he was charged with drug trafficking in the municipal
court.  However, the attached copy of the initial docket from the
common pleas court  lists the bindover  charges as possession  of
cocaine. This initial docket does not list any indictments, and no
indictments are attached.
                               -3-
judge has been assigned.  Accordingly, the court declines to issue
a writ of habeas corpus.
     The court further notes that R.C. 2725.04(D) requires that a
copy of the commitment or cause of detention of the person shall be
exhibited.  The court has serious reservations as to whether  the
current and proper cause of commitment are before the court.
     Accordingly, the court denies the writ of habeas corpus, and
this case is dismissed.  Petitioner  to pay costs.  The clerk  is
directed to serve upon the parties notice of this judgment and its
date of entry upon the journal. Civ.R. 58(B).
                                   ______________________________
                                        MICHAEL J. CORRIGAN
                                          PRESIDING JUDGE
TERRENCE O'DONNELL, J., and
DIANE KARPINSKI, J., CONCUR.
 
 
 
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