State ex rel. White v. Ohio Adult Parole Authority

Ohio Supreme Court

State ex rel. White v. Ohio Adult Parole Authority

783 N.E.2d 900, 98 Ohio St. 3d 290

CourtOhio Supreme Court

DecidedMarch 5, 2003

DocketNo. 2002-1673

StatusPublished

Cited by4 cases

This text of 783 N.E.2d 900 (State ex rel. White v. Ohio Adult Parole Authority) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. White v. Ohio Adult Parole Authority, 783 N.E.2d 900, 98 Ohio St. 3d 290 (Ohio 2003).

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Opinion

Per Curiam.

{¶ 1} In April 2002, the Ohio Parole Board denied parole to appellant, Michael Turner White, and continued his next parole eligibility date to April 2004.

{¶ 2} In July 2002, White filed a petition in the Court of Appeals for Allen County requesting a writ of mandamus to compel appellee, Ohio Adult Parole Authority (“APA”), to grant him, inter alia, parole and release him from prison. The APA filed a motion to dismiss the petition. In September 2002, the court of appeals granted the APA’s motion and dismissed the petition.

{¶ 3} We affirm the judgment of the court of appeals. The primary objective of White’s mandamus claim was to obtain an immediate release from custody. “But habeas corpus, rather than mandamus, is the proper action through which to seek release from prison or other physical confinement.” State ex rel. Borden v. Hendon, 96 Ohio St.3d 64, 2002-Ohio-3525, 771 N.E.2d 247, at ¶ 7. And White “has no inherent or constitutional right to be released prior to the expiration of his sentence.” Rollins v. Haviland (2001), 93 Ohio St.3d 590, 590, 757 N.E.2d 769.

Judgment affirmed.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook, Lundberg Stratton and O’Connor, JJ., concur.

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Per Curiam.

{¶ 1} In April 2002, the Ohio Parole Board denied parole to appellant, Michael Turner White, and continued his next parole eligibility date to April 2004.

{¶ 2} In July 2002, White filed a petition in the Court of Appeals for Allen County requesting a writ of mandamus to compel appellee, Ohio Adult Parole Authority (“APA”), to grant him, inter alia, parole and release him from prison. The APA filed a motion to dismiss the petition. In September 2002, the court of appeals granted the APA’s motion and dismissed the petition.

{¶ 3} We affirm the judgment of the court of appeals. The primary objective of White’s mandamus claim was to obtain an immediate release from custody. “But habeas corpus, rather than mandamus, is the proper action through which to seek release from prison or other physical confinement.” State ex rel. Borden v. Hendon, 96 Ohio St.3d 64, 2002-Ohio-3525, 771 N.E.2d 247, at ¶ 7. And White “has no inherent or constitutional right to be released prior to the expiration of his sentence.” Rollins v. Haviland (2001), 93 Ohio St.3d 590, 590, 757 N.E.2d 769.

Judgment affirmed.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook, Lundberg Stratton and O’Connor, JJ., concur.

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Bluebook (online)

783 N.E.2d 900, 98 Ohio St. 3d 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-white-v-ohio-adult-parole-authority-ohio-2003.

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