Ohio Supreme Court, 1998

State ex rel. Zanders v. Ohio Parole Board

Ohio Supreme Court · Decided July 29, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

82 Ohio St. 3d 421; 696 N.E.2d 594

Cases that cite this one

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

Pryor v. Lazaroff (Ohio Ct. App. 1999)
State ex rel. Ware v. Ohio Dept. of Rehab. & Corr. (Ohio Ct. App. 2024)
State ex rel. Swopes v. McCormick (Ohio Ct. App. 2022)
California ex rel. Dunston v. Ohio Dept. of Corr. (Ohio Ct. App. 2022)
State ex rel. Armengau v. Ohio Dept. of Rehab. & Corr. (Ohio Ct. App. 2017)
Alls v. Miller (Ohio Ct. App. 2016)
State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr. (Ohio Ct. App. 2016)
State v. Pope (Ohio Ct. App. 2014)
State ex rel. Hall v. Mohr (Slip Opinion) (Ohio 2014)
State v. Lacy (Ohio Ct. App. 2014)
State ex rel. Holmes v. State (Ohio Ct. App. 2014)
State ex rel. Joseph v. Perry Cty. Court (Ohio Ct. App. 2014)
State ex rel. Joseph v. Licking Cty. Common Pleas Court (Ohio Ct. App. 2014)
Perry v. Greene (Ohio Ct. App. 2013)
Rembert v. Bobby (Ohio Ct. App. 2012)
State ex rel. DeJusus v. Miller (Ohio Ct. App. 2012)
Lichtenwalter v. Bobby (Ohio Ct. App. 2012)
State v. Medlar (Ohio Ct. App. 2012)
State ex rel. Cvijetinovic v. Warden, Belmont Corr. Inst. (Ohio Ct. App. 2011)
State v. D'Apolito (Ohio Ct. App. 2010)
Boylen v. Ohio Department of Rehabilitation & Corrections (Ohio Ct. App. 2009)
Stadmire v. Common Pleas Ct. Cuyahoga Cty., 90746 (1-28-2008) (Ohio Ct. App. 2008)
Boylen v. Dept. of Rehab. Corr., 08-Ca-24 (12-2-2008) (Ohio Ct. App. 2008)
State Ex Rel. Potter v. Corrigan, 92245 (12-5-2008) (Ohio Ct. App. 2008)
Smith v. Synenberg, 91143 (5-13-2008) (Ohio Ct. App. 2008)

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.

Zanders asserts in his sole proposition of law that the court of appeals erred in dismissing his petition. For the reasons that follow, however, Zanders’s assertion lacks merit.

First, as the court of appeals held, Zanders failed to comply with the mandatory requirements of R.C. 2969.25 in commencing his action. See State ex rel. Alford v. Winters (1997), 80 Ohio St.3d 285, 286, 685 N.E.2d 1242, 1242-1243. Like the appellant in Alford, Zanders does not assert that R.C. 2969.25 is inapplicable to habeas corpus and mandamus actions.

Second, the Parole Board possesses discretion to rescind an unexecuted order for a prisoner to receive parole at a future date. Hattie v. Anderson (1994), 68 Ohio St.3d 232, 233, 626 N.E.2d 67, 70. Zanders has no right to be released before the expiration of his sentence. State ex rel. Lake v. Anderson (1997), 80 Ohio St.3d 491, 492, 687 N.E.2d 453.

Finally, Zanders was not entitled to a writ of mandamus because mandamus is not the appropriate remedy for persons claiming entitlement to release from prison. State ex rel. Smith v. Yost (1998), 81 Ohio St.3d 111, 112, 689 N.E.2d 565, 566.

Based on the foregoing, 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.