State ex rel. Yates v. Ohio Department of Rehabilitation & Correction
State ex rel. Yates v. Ohio Department of Rehabilitation & Correction
Opinion of the Court
Yates asserts that the court of appeals erred in denying the writ. For the following reasons, however, Yates’s claims lack merit.
First, as the court of appeals concluded, neither Ohio Adm.Code 5120-9-26
Third, Yates did not establish any violation of his constitutional rights to due process and equal protection. Because Yates has no constitutional or statutory right to parole, he has no similar right to earlier consideration of parole. State ex rel. Henderson v. Ohio Dept. of Rehab. & Corr. (1998), 81 Ohio St.3d 267, 268, 690 N.E.2d 887, 888.
Finally, Yates should have filed a complaint or petition for a writ of mandamus instead of a “motion * * * in [the] form of appeal.” See State ex rel. Thomas v. Ghee (1998), 81 Ohio St.3d 191, 193, 690 N.E.2d 6, 7.
Based on the foregoing, the court of appeals properly denied the writ. Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
. Ohio Adm.Code 5120-9-26(B) provides:
“Whenever a request is made by an inmate or staff member of an agency or person outside the Department of Rehabilitation and Correction for an inmate to take a polygraph examination, the following shall apply:
“(1) As a general rule, no such examination shall be authorized without a valid court order.
“(3) The appeal shall be submitted in waiting, with the reasons therefor, to the Managing Officei-. The Managing Officer shall forthwith forward the appeal with his recommendations to the Director or his designee.
“(4) No inmate or staff member shall be compelled to submit to a polygraph examination without his consent.”
Reference
- Full Case Name
- The State ex rel. Yates v. Ohio Department of Rehabilitation and Correction
- Cited By
- 2 cases
- Status
- Published