# State ex rel. Rudolph v. Horton

> Ohio Supreme Court · September 10, 2008 · 119 Ohio St. 3d 350

URL: https://www.frixlaw.com/law-library/cases/6792790

## Case

- **Full name:** The State ex rel. Rudolph v. Horton, Judge
- **Court:** Ohio Supreme Court
- **Decided:** September 10, 2008
- **Citations:** 119 Ohio St. 3d 350; 894 N.E.2d 49
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6792790

## Opinion text

Per Curiam.
Tyrone Rudolph, pro se.
{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of mandamus to compel a judge to award jail-time credit. Because the petition does not state a viable mandamus claim, we affirm.
{¶ 2} Appellant, Tyrone Rudolph, a prison inmate, filed a petition in the Court of Appeals for Franklin County for a writ of mandamus to compel appellee, Franklin County Court of Common Pleas Judge Timothy Horton, to grant him jail-time credit on his previously entered sentence. Judge Horton filed a motion to dismiss. The court of appeals granted the motion and dismissed Rudolph’s petition.
{¶ 3} We affirm the judgment of the court of appeals. Rudolph had an adequate remedy at law by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Brown v. Summit Cty. Court of Common Pleas, 99 Ohio St.3d 409 , 2003-Ohio-4126 , 792 N.E.2d 1123 , ¶ 4. And insofar as Rudolph now claims that he is entitled to be released from prison because of his jail-time credit, habeas corpus, instead of mandamus, is the appropriate remedy. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329 , 2006-Ohio-6572 , 859 N.E.2d 928, ¶ 5 .
Judgment affirmed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6792790. Public record. Not legal advice.