Ohio Supreme Court, 1998

State ex rel. Henderson v. Ohio Department of Rehabilitation & Correction

Ohio Supreme Court · Decided March 18, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

81 Ohio St. 3d 267; 690 N.E.2d 887

Cases that cite this one

41 later published cases cite this decision. The 25 that cite it most often are listed here.

Calo v. Black (Ohio Ct. App. 2024)
Richard v. Ohio Parole Bd. (Ohio Ct. App. 2023)
State ex rel. Newell v. Adult Parole Auth. (Ohio Ct. App. 2019)
State v. Strowder (Ohio Ct. App. 2019)
State ex rel. McDermott v. Ohio Adult Parole Auth. (Ohio Ct. App. 2017)
State ex rel. Cobb v. Ohio Adult Parole Auth. (Ohio Ct. App. 2017)
State v. Hurt (Ohio Ct. App. 2017)
State ex rel. Keith v. Ohio Adult Parole Auth. (Slip Opinion) (Ohio 2014)
Mujtabaa Mubashshir v. Edward Sheldon (6th Cir. 2013)
State ex rel. Richard v. Mohr (Ohio 2013)
State ex rel. Branco v. Haas (Ohio Ct. App. 2013)
State v. Parsons, Unpublished Decision (1-26-2005) (Ohio Ct. App. 2005)
State ex rel. Bealler v. Ohio Adult Parole Authority (Ohio 2001)
Randolph v. Ohio Adult Parole Authority, Unpublished Decision (1-21-2000) (Ohio Ct. App. 2000)
State ex rel. McCuller v. Ghee (Ohio 2000)
Douglas v. Money (Ohio 1999)
State ex rel. Vaughn v. Ohio Adult Parole Authority (Ohio 1999)
State ex rel. Henderson v. Ohio Dept. of Rehab. & Corr. (Ohio 1998)
State ex rel. Crigger v. Ohio Adult Parole Authority (Ohio 1998)
State ex rel. Yates v. Ohio Department of Rehabilitation & Correction (Ohio 1998)
Driggins v. Bowen (Ohio Ct. App. 2023)
State ex rel. Jones v. Ohio Adult Parole Auth. (Ohio Ct. App. 2023)
Tolliver v. Ohio Parole Board (District Court, S.D. Ohio 2023)
State ex rel. Cartwright v. Ohio Adult Parole Bd. (Ohio Ct. App. 2022)
State ex rel. Cartwright v. Ohio Adult Parole Bd. (Ohio Ct. App. 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Henderson asserts in his propositions of law that the court of appeals erred in denying the writ. Henderson contends that ODRC improperly modified his court-ordered reformatory sentence by refusing to consider him for parole after thirty-eight months of prison. Henderson’s contention is meritless for the following reasons.

First, as the court of appeals correctly noted, in 1987, prior to Henderson’s becoming eligible for parole consideration, the General Assembly eliminated the *268distinction between penal institutions and reformatory institutions. R.C. 5120.03(B) (“The director of rehabilitation and correction, by executive order, issued on or before December 31, 1988, shall eliminate the distinction between penal institutions and reformatory institutions. Notwithstanding any provision of the Revised Code or the Administrative Code to the contrary, upon the issuance of the executive order, any distinction made between the types of prisoners sentenced to or otherwise assigned to the institutions under the control of the department shall be discontinued.”).

Second, under the administrative rule governing minimum eligibility for parole consideration, Henderson was not eligible for parole until 1998. Ohio Adm.Code 5120:1-1-03.

Finally, application of the foregoing rule to Henderson, which he claims results in a change in his parole eligibility date, does not constitute ex post facto imposition of punishment. State ex rel. Ubienski v. Shoemaker (1985), 17 Ohio St.3d 145, 146, 17 OBR 349, 350, 478 N.E.2d 768, 769-770. Because Henderson has no constitutional or statutory right to parole, State ex rel. Seikbert v. Wilkinson (1994), 69 Ohio St.3d 489, 490, 633 N.E.2d 1128, 1129-1130, he has no similar right to earlier consideration of parole. Ubienski, 17 Ohio St.3d at 146, 17 OBR at 350, 478 N.E.2d at 769-770.

Based on the foregoing, Henderson was not entitled to the requested extraordinary relief in mandamus. Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.