State ex rel. Carter v. Wilkinson
Citation | 70 Ohio St.3d 65,637 N.E.2d 1 |
Decision Date | 17 August 1994 |
Docket Number | No. 94-806,94-806 |
Parties | The STATE ex rel. CARTER, Appellant, v. WILKINSON, Dir., Appellee. |
Court | United States State Supreme Court of Ohio |
Kenneth L. Carter, pro se.
Lee I. Fisher, Atty. Gen. and William J. McGinnis, Asst. Atty. Gen., for appellee.
In order to be entitled to a writ of mandamus, Carter has to establish that he possesses a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that Carter has no plain and adequate remedy at law. State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42, 15 O.O.3d 53, 399 N.E.2d 81, paragraph one of the syllabus.
Carter based his entitlement to the requested relief on R.C. 2967.18(A), which provides:
(Emphasis added.)
The remainder of R.C. 2967.18 provides the procedures to be followed after respondent's determination and notification, ultimately leading to possible sentence reduction or early release due to the overcrowding emergency.
State v. S.R. (1992), 63 Ohio St.3d 590, 594-595, 589 N.E.2d 1319, 1323. Words used in a statute must be taken in their usual, normal or customary meaning. R.C. 1.42. It is the duty of the court to give effect to the words used and not to insert words not used. State ex rel. Cassels v. Dayton City School Dist. Bd. of Edn. (1994), 69 Ohio St.3d 217, 220, 631 N.E.2d 150, 153.
Carter contends that R.C. 2967.18 places a mandatory duty on respondent to declare that an overcrowding emergency exists and notify the correctional institution inspection committee of the emergency whenever respondent has knowledge of overcrowding. However, Carter's interpretation of R.C. 2967.18 would insert the phrase "whenever the director of rehabilitation and correction becomes aware " for the phrase "[w]henever the director of rehabilitation and correction determines." If the General Assembly...
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