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Clark v. Adult Parole Authority

Supreme Court of Ohio

November 2, 2017

Clark, Appellant,
v.
Adult Parole Authority, Appellee.

          Submitted May 16, 2017

         Appeal from the Court of Appeals for Belmont County, No. 16 BE 0005, 2016-Ohio-3383.

          Leodius Clark, pro se.

          Michael DeWine, Attorney General, and Jocelyn K. Lowe and Kelly N. Brogan, Assistant Attorneys General, for appellee.

          PER CURIAM.

         {¶ 1} We affirm the judgment of the Seventh District Court of Appeals dismissing the petition of appellant, Leodius Clark, for a writ of mandamus.

         {¶ 2} Clark was indicted on multiple felonies, including aggravated burglary, kidnapping, and involuntary manslaughter, in Mahoning County case No. 95 CR 589. He was convicted and sentenced to an indefinite term of 8 to 25 years in prison. On February 15, 2011, Clark was paroled and released.

         {¶ 3} In August 2011, he was arrested on new charges involving drug trafficking and receiving stolen property, in Mahoning County case No. 11 CR 1078. His parole officer found him in violation of his parole and imposed the following sanctions, effective September 29, 2011: 90 days of electronic monitoring, residence at an address approved by the Ohio Adult Parole Authority ("APA"), reporting to his parole officer as ordered, and compliance with all court orders on the new charges. On September 28, he was granted bond in order to complete the sanctions. On March 22, 2013, Clark was sentenced to a definite prison term of three years on the new charges.

         {¶ 4} On December 22, 2015, the APA held a hearing regarding case No. 95 CR 589. The APA determined that Clark was not suitable for release and assessed a 36-month continuance. Clark requested reconsideration, which the APA denied.

         {¶ 5} On March 4, 2016, Clark filed an original action in the Seventh District Court of Appeals seeking a writ of mandamus against the APA. He argued that his parole officer had already imposed punishment for the parole violation when he subjected Clark to 90 days of electronic monitoring and that the parole board's decision to keep him in prison for another 36 months for the same violation therefore violated the Double Jeopardy Clause. He also asserted due-process and equal-protection violations and asked the court of appeals to order the APA to reinstate his parole.

         {¶ 6} On June 13, 2016, the court of appeals dismissed Clark's action, holding that he had not received multiple punishments and that he had failed to demonstrate any constitutional injury. 2016-Ohio-3383, ¶ 8, 12.

         {¶ 7} Clark timely appealed and filed a brief on the merits. The state filed its brief, and Clark filed a reply brief. Clark filed a motion for leave to supplement his reply brief on March 27, 2017, and the state filed a memorandum opposing the motion.

         {¶ 8} Clark filed his motion for leave for two stated purposes. First, he wishes to present additional argument, supported by additional evidence. But S.CtPrac.R. 16.08 prohibits supplementation of merit briefs except in rare circumstances that Clark has not alleged exist in this case. Second, he wishes to discuss Johnson v. Smith, 3d Dist. Marion No. 9-09-04, 2009-Ohio-1914, which his merit and reply brief do not address. Supplemental authority, as contemplated by S.CtPracR. 16.08, is relevant authority "issued after the deadline has passed for filing a party's merit brief." Johnson, issued in April 2009, does not qualify.

         {¶ 9} We therefore deny Clark's motion for leave to ...


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