Ohio Supreme Court, 2009

Durain v. Sheldon

Ohio Supreme Court · Decided August 19, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 4082; 122 Ohio St. 3d 582; 913 N.E.2d 442

Cases that cite this one

12 later published cases cite this decision.

State v. Donley (Ohio Ct. App. 2020)
Grinnell v. Bowen (Slip Opinion) (Ohio 2019)
State v. Morris (Ohio Ct. App. 2012)
State v. Orr (Ohio Ct. App. 2011)
State v. Ballou (Ohio Ct. App. 2011)
Wilson v. Hudson (Ohio 2010)
State ex rel. Randlett v. Lynch (Ohio 2022)
Donley v. Warden, Trumbull Correctional Institution (District Court, S.D. Ohio 2021)
State v. Miller (Ohio Ct. App. 2018)
State v. Blankenship (Ohio Ct. App. 2017)
State v. Gannon (Ohio Ct. App. 2016)
State v. Hamby (Ohio Ct. App. 2011)

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

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition for a writ of habeas corpus of appellant, Robert Durain. “If an offender is subject to more than one period of post-release control, the period of post-release control for all of the sentences shall be the period of post-release control that expires last, as determined by the parole board or court. Periods of post-release control shall be served concurrently and shall not be imposed consecutively to each other.” R.C. 2967.28(F)(4)(c). In addition, insofar as Durain claims that his sentencing entry violated Crim.R. 32, which would render it nonappealable, his remedy is not immediate release from prison pursuant to a writ of habeas corpus. See Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 10.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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