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Ohio Parole, Probation, Work Release, Halfway Houses & Community Service All information relating to parole, probation, halfway houses, community service and electronic monitoring in Ohio should be posted here.

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  #1  
Old 12-06-2016, 01:18 PM
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Default Requirements which must be met in establishing a right to writ of mandamus

http://www.supremecourt.ohio.gov/rod...-Ohio-7946.pdf

this case lost

The petition alleged that relator was initially screened and deemed eligible
for transitional control status under R.C. 2967.26, which allows OAPA to transfer eligible inmates to a halfway house for the final 180 days of their confinement to participate in employment and/or educational opportunities; further, on September 15, 2015, relator received notification that transitional control had been recommended "pending judicial review." (Mandamus Petition at ¶ 10.)

{¶ 5} On September 22, 2015, relator's case manager informed relator that his transfer to transitional control had been denied because the sentencing judge in relator's Lake County case had "vetoed" his participation in the program. (Mandamus Petition at ¶ 11.) Relator's parole officer subsequently informed relator that his transfer was denied because his conviction in the Cuyahoga County case "was a serious crime involving a large amount of money." (Mandamus Petition at ¶ 17.)

{¶ 6} Relator sent a letter to the director of ODRC on October 9, 2015, protesting the decision revoking and denying his transfer to transitional control "as an illegal abuse of discretion and seeking its reinstatement." (Mandamus Petition at ¶ 23.) According to the petition, relator informed his case manager that the sentencing judge in Lake County should not have been notified of his recommendation for transitional control "since judicial notification is required under [R.C.] 2967.26(A)(2) only for those sentenced to a prison term of two years or less and * * * his term was for five years."
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Old 12-06-2016, 01:22 PM
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The Supreme Court of Ohio has set forth three requirements which must
be met in establishing a right to a writ of mandamus: (1) that relator has a clear legal
right to the relief prayed for; (2) that respondent is under a clear legal duty to perform
the act requested; and (3) that relator has no plain and adequate remedy in the ordinary
course of the law. State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28 (1983).
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Old 12-06-2016, 01:23 PM
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http://www.supremecourt.ohio.gov/rod...-Ohio-7867.pdf

here is another parole case which lost too
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