Ohio Supreme Court, 2000

State ex rel. Recker v. Leonard

Ohio Supreme Court · Decided March 15, 2000 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

88 Ohio St. 3d 223; 724 N.E.2d 805

Cases that cite this one

8 later published cases cite this decision.

Reyes v. Tate (Ohio 2001)
State ex rel. Bray v. Brigano (Ohio 2001)
State ex rel. Bray v. Brigano (Ohio 2001)
Reyes v. Tate (Ohio 2001)
Corrin v. Huffman, Unpublished Decision (8-25-2000) (Ohio Ct. App. 2000)
Matthieu v. Thomas, 07ca009265 (6-2-2008) (Ohio Ct. App. 2008)
State v. Ohio Adult Parole Authority, Unpublished Decision (3-29-2000) (Ohio Ct. App. 2000)
State ex rel. Recker v. Leonard (Ohio 2000)

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,

For the following reasons, the court of appeals properly dismissed Recker’s habeas corpus petition.

*224Am.Sub.S.B. No. 2, 146 Ohio Laws, Part IV, 7136, does not apply to persons, like Recker, who were convicted and sentenced before July 1, 1996. State ex rel. Smith v. Sage (1998), 83 Ohio St.3d 209, 209-210, 699 N.E.2d 87, 88.

Moreover, Recker has no constitutional or inherent right to be conditionally released before the expiration of his sentence. State ex rel. Hogan v. Ghee (1999), 85 Ohio St.3d 150, 151, 707 N.E.2d 494, 495.

Finally, the court of appeals did not err in assessing costs against Recker. Contrary to Recker’s contentions on appeal, he should not have prevailed in his habeas corpus action.

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.