Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The State ex rel. Bailey v. Ohio Parole Board

Supreme Court of Ohio

December 27, 2017

The State ex rel. Bailey et al., Appellants,
v.
Ohio Parole Board, Appellee.

          Submitted September 26, 2017

         Appeal from the Court of Appeals for Franklin County, No. 15AP-887, 2016-Ohio-8264.

          Michael K. Bailey, pro se.

          Steven M. Schmitz, pro se.

          William E. Morehouse, pro se.

          Benjamin D. Hudach, pro se.

          Jeffrey S. Holland, pro se. Michael DeWine, Attorney General, and Zachary R. Huffman, Assistant Attorney General, for appellee.

          Per Curiam.

         {¶ 1} Appellants, Michael Bailey, Steven Schmitz, William Morehouse, Benjamin Hudach, and Jeffrey Holland ("the inmates"), appeal the judgment of the Tenth District Court of Appeals dismissing their complaint against the Ohio Parole Board ("the board") seeking a writ of mandamus. We affirm the court of appeals' judgment.

         Background

         {¶ 2} On September 23, 2015, the inmates filed in the court of appeals an original action against the board, seeking a writ of mandamus. At the time, all five were incarcerated in state detention facilities and were "old law" offenders. An old-law offender is an inmate sentenced to an indeterminate prison term for a crime committed prior the enactment of the July 1, 1996, sentencing reforms. They alleged that the board has an unwritten policy of denying parole to old-law offenders. They based their allegation on statements such as the following:

• On April 16, 2012, board spokeswoman JoEllen Smith was quoted in the Lancaster Gazette as saying, "[A]fter 16 years all the inmates likely to be paroled have been released already, leaving behind 3, 200 of the State's worst inmates to cycle through the process again and again."
• On April 30, 2013, the Columbus Dispatch quoted then-board chairwoman Cynthia Mausser as saying, "Because we're 16 years from Senate Bill 2 most of the people suitable for parole have already been released."

         They also allege that Parole Board Member Andre Imbrogno and Victims Representative Kathleen Kovach have made remarks indicative ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.