Mallory v. State
| Decision Date | 25 April 1972 |
| Parties | , 59 O.O.2d 218, 60 O.O.2d 250 Roger W. MALLORY, Petitioner, v. The STATE of Ohio, Respondent. |
| Court | Ohio Court of Common Pleas |
Petitioner, Roger W. Mallory, is confined at the Ohio State Penitentiary for a term of 20 to 40 years under sentence imposed in 1967 for violation of the drug laws (O.R.C. § 3719.20(A) and (B)). He now seeks a credit of 362 days against the term of his sentence to offset 345 days he was confined in the Cuyahoga County Jail prior to his conviction and 17 days he was held in said jail after conviction and before his delivery to the Penitentiary.
There is no provision in the Ohio Revised Code authorizing the Court to grant petitioner's request. In fact, the only relevant provision clearly implies the contrary. (O.R.C. § 2967.191). However, the reason for petitioner's confinement was his financial inability to post security for bail or to purchase a bail bond. The Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States therefore requires that his request be granted.
The relevant Ohio statute reads as follows (O.R.C. § 2967.191):
'The adult parole authority upon proper certification by the trial judge of time served, in the journal entry of sentence and upon recommendation of the trial judge may reduce the minimum sentence of a prisoner by the number of days the prisoner was confined at the county jail . . . after a verdict or plea of guilty and before commitment.'
As stated in the case of Workman v. Cardwell, 338 F.Supp. 893 (- U. S. D.C.N.D.Ohio 1972):
(Emphasis by Battisti, C. J.)
The term of the sentence of petitioner, plea and commitment. The Equal Protection 362 days, which reduction is applicable to both the minimum and the maximum periods fixed by statute. (O.R.C. §...
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Smith v. State
...v. North Carolina, 348 F.Supp. 1023 (D.C.N.C.1972); State v. Rawlings, 34 Ohio App.2d 63, 295 N.E.2d 679 (1973); Mallory v. State, 31 Ohio Misc. 113, 281 N.E.2d 860 (1972); Parker v. Bounds, 329 F.Supp. 1400 (D.C.N.C.1971). We find language in Clup v. Bounds, 325 F.Supp. 416 (D.C.N.C.1971),......
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White v. Gilligan, Civ. A. No. 71-188.
...clause of the Fourteenth Amendment. Subsequently, an Ohio Common Pleas Court arrived at the same conclusion. Mallory v. State, 31 Ohio Misc. 113, 281 N.E.2d 860 (1972). Other federal courts which have considered this question have also concluded that credit must be given for dead time. See,......
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State v. Little
...be given against the term of a prisoner's sentence to offset the time he was confined to jail prior to conviction. Mallory v. State (C. P. Cuy. Co., 1972), 281 N.E.2d 860. However, the Sixth Circuit Court of Appeals subsequently vacated that part of the District Court's ruling in Workman v.......
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State v. Moore
...must be credited to an offender's sentence. State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440 ; Mallory v. State, 31 Ohio Misc. 113, 281 N.E.2d 860 (C.P.1972) ; White v. Gilligan, 351 F.Supp. 1012 (S.D.Ohio 1972) ; Workman v. Cardwell, 338 F.Supp. 893, 901 (N.D.Ohio 1972) ;......