Question juridique clé
Whether the Obergericht violated the right to have the prescribed instance hierarchy respected by deciding the detention request as first and only cantonal instance.
Solution extraite
Yes. Because Schaffhausen law provided for two instances on detention in appeal proceedings, the Obergericht could not replace the procedural judge and decide the matter itself as sole instance.
Motifs extraits
The Federal Court held that compliance with the instance order is protected by the prohibition of formal denial of justice under Art. 29 para. 1 BV. Since the cantonal rules expressly assigned the detention issue first to the Obergericht president and only then, on objection, to the Obergericht, the direct decision by the Obergericht shortened the instance path.