State ex rel. Milner v. Ohio Adult Parole Authority

Ohio Supreme Court
State ex rel. Milner v. Ohio Adult Parole Authority, 87 Ohio St. 3d 567 (Ohio 2000)
722 N.E.2d 72
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

State ex rel. Milner v. Ohio Adult Parole Authority

Opinion of the Court

Per Curiam.

We affirm the judgment of the court of appeals for the reasons stated in its opinion. See State ex rel. Johnson v. Ohio Parole Bd. (1997), 80 Ohio St.3d 140, 684 N.E.2d 1227; State ex rel. Finfrock v. Ohio Adult Parole Auth. (1998), 80 Ohio St.3d 639, 687 N.E.2d 761. Even if Milner had filed a habeas corpus petition rather than erroneously seeking immediate release from prison through mandamus, the fatal defect caused by Milner’s failure to attach commitment papers to his petition was not cured by any subsequent submission of these papers. Boyd v. Money (1998), 82 Ohio St.3d 388, 389, 696 N.E.2d 568, 569.

Judgment affirmed.

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

Reference

Full Case Name
The State ex rel. Milner v. Ohio Adult Parole Authority
Cited By
6 cases
Status
Published