Opinion

State Ex Rel. Martin v. Ohio Adult Parole Authority

  • 126 Ohio St. 3d 506
  • 2010 Ohio 4727
Court
Ohio Supreme Court
Filed
Oct 6, 2010
Status
Published
On the bench
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
Cited by
1 cases
Authority
More cited than 66.0%

The opinion

[Cite as State ex rel. Martin v. Ohio Adult Parole Auth., 126 Ohio St.3d 506, 2010-Ohio-4727.]

THE STATE EX REL. MARTIN, APPELLANT, v. OHIO ADULT PAROLE

AUTHORITY, APPELLEE.

[Cite as State ex rel. Martin v. Ohio Adult Parole Auth.,

126 Ohio St.3d 506, 2010-Ohio-4727.]

Appeal from denial of a complaint for a writ of prohibition — Imposition of

postrelease control by Adult Parole Authority is not an exercise of judicial

or quasi-judicial authority — Judgment affirmed.

(No. 2010-0676 — Submitted September 28, 2010 — Decided October 6, 2010.)

APPEAL from the Court of Appeals for Cuyahoga County,

No. 94645, 2010-Ohio-1582.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the

complaint of appellant, Tramaine E. Martin, for a writ of prohibition to prevent

appellee, Ohio Adult Parole Authority (“APA”), from continuing its supervision

of him on postrelease control. Martin’s prohibition claim lacks merit because

“neither the APA nor its parole officers exercised judicial or quasi-judicial

authority in imposing postrelease control” on him. State ex rel. McGrath v. Ohio

Adult Parole Auth., 100 Ohio St.3d 72, 2003-Ohio-5062, 796 N.E.2d 526, ¶ 7. In

addition, Martin “had an adequate remedy by way of direct appeal from his

sentence to raise his claim that he did not receive proper notification about

postrelease control at his sentencing hearing.” Briseno v. Cook, 121 Ohio St.3d

38, 2009-Ohio-308, 901 N.E.2d 798, ¶ 1.

Judgment affirmed.

BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur.

SUPREME COURT OF OHIO

__________________

Tramaine E. Martin, pro se.

Richard Cordray, Attorney General, and Ashley D. Rutherford, Assistant

Attorney General, for appellee.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.