Opinion

Layne v. Ohio Adult Parole Authority

  • 97 Ohio St. 3d 456
  • 780 N.E.2d 548
Court
Ohio Supreme Court
Filed
Dec 18, 2002
Status
Published
Author
Cook
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
68 cases

emphasizing that parole board may "consider any circumstances relating to the offense or offenses of conviction, including crimes that did not result in conviction, as well as any other factors [it] deems relevant"

How later courts described this case

  • emphasizing that parole board may "consider any circumstances relating to the offense or offenses of conviction, including crimes that did not result in conviction, as well as any other factors [it] deems relevant"
  • considering action against the Parole Authority for injunctive and declaratory relief

Written by the judges who cited it.

Distinguished

  • Distinguished by State Ex Rel. Johnson v. Oapa, Unpublished Decision (5-25-2004), 2004 Ohio 2648 (2004)

    Specifically, the magistrate determined that the holding of Layne is inapplicable to relator's case, as he has not had a parole hearing since OAPA's March 1, 1998 adoption of the new parole guidelines.
    Ohio Court of AppealsMay 25, 2004Read it

The opinion

Cook, J.,

dissenting.

{¶ 30} Because I would decide these cases consistent with the reasoning expressed in Robertson v. Ohio Adult Parole Auth., Franklin App. No. 01AP-1111, 2002-Ohio-4303 , 2002 WL 1935700 ,1 respectfully dissent.

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.

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