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State ex rel. Milner v. Ohio Adult Parole Authority

Supreme Court of Ohio

January 26, 2000

The State ex rel. Milner, Appellant,
v.
Ohio Adult Parole Authority, Appellee.

87 Ohio St.3d 567

Submitted December 15, 1999

APPEAL from the Court of Appeals for Franklin County, No. 97APD07-942.

Paul Mancino, Jr., for appellant.

Betty D. Montgomery, Attorney General, and Marianne Pressman, Assistant Attorney General, for appellee.

In 1997, appellant, Sylvester Milner, filed a complaint in the Court of Appeals for Franklin County for a writ of mandamus to compel appellee, Ohio Adult Parole Authority ("OAPA"), to vacate and set aside its finding that he is a parole violator and to order his release from prison on the terms of his original parole. Milner claimed that OAPA's revocation of his parole was based on insufficient evidence, violated his constitutional rights to due process and confrontation, and constituted an abuse of discretion. Milner did not attach his pertinent commitment papers to his complaint. In 1999, the court of appeals denied the writ because habeas corpus, not mandamus, was the appropriate action for persons claiming entitlement to immediate release from prison, and even if the court considered Milner's action as one in habeas corpus, he failed to attach the pertinent commitment papers required by R.C. 2725.04(D).

This cause is now before the court upon an appeal as of right.

PER CURIAM.

We affirm the judgment of the court of appeals for the reasons stated in its opinion. See State ex rel. Johnson v. Ohio Parole Bd. (1997), 80 Ohio St.3d 140, 684 N.E.2d 1227; State ex rel. Finfrock v. Ohio Adult Parole Auth. (1998), 80 Ohio St.3d 639, 687 N.E.2d 761. Even if Milner had filed a habeas corpus petition rather than erroneously seeking immediate release from prison through mandamus, the fatal defect caused by Milner's failure to attach commitment papers to his petition was not cured by any subsequent submission of these papers. Boyd v. Money (1998), 82 Ohio St.3d 388, 389, 696 N.E.2d 568, 569.

Judgment affirmed.

Moyer, CJ, Douglas, Resnick, FE Sweeney, Pfeifer, Cook and Lundberg Stratton, ...


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