State ex rel. Harrell v. Court of Common Pleas, Hamilton County, 79-124
| Decision Date | 16 May 1979 |
| Docket Number | No. 79-124,79-124 |
| Citation | 389 N.E.2d 506,12 O.O.3d 189,58 Ohio St.2d 193 |
| Parties | , 12 O.O.3d 189 The STATE ex rel. HARRELL, Appellant, v. COURT OF COMMON PLEAS, HAMILTON COUNTY, Appellee. |
| Court | Ohio Supreme Court |
This is an appeal as of right from the dismissal of a complaint for a writ of mandamus by the Court of Appeals.
Appellant's mandamus action sought an order to compel the Court of Common Pleas of Hamilton County to grant him pretrial confinement credit from the date of his arrest, May 3, 1973, to the time of sentence imposition, October 18, 1973.
Wilborn D. Harrell, pro se.
Simon L. Leis, Jr., Pros. Atty., and Leonard Kirschner, Asst. Pros. Atty., for appellee.
The mandamus action below, which sought an order requiring the Court of Common Pleas of Hamilton County to actually grant pre-trial confinement time credit, was misdirected inasmuch as that duty, where warranted, rests solely with the Adult Parole Authority by reason of R.C. 2967.191 as amended effective March 23, 1973, and as further amended effective November 1, 1978.
For the reason of the foregoing, the judgment of the Court of Appeals dismissing the complaint is affirmed.
Judgment affirmed.
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...of Common Pleas, Greene County, Ohio (July 8, 1987), Greene App. No. 87 CA 55, unreported, citing State ex rel. Harrell v. Court of Common Pleas (1979), 58 Ohio St.2d 193, 389 N.E.2d 506. Thus, in the present case, the trial court was under no duty to calculate this credit because such duty......
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State v. David A. Heddleston
...a prisoner was required to file a writ of mandamus against the APA, not the trial court, to get proper credit for pretrial confinement. Harrell at 193; also State ex rel. Gooden v. Martin (1990), 67 Ohio App.3d 685, 687. The 1998 changes to R.C. §2967.191 now appear to require a prisoner t......
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State v. Logan
...2967.191 is directed at the Adult Parole Authority rather than the sentencing court. See State, ex rel. Harrell, v. Court of Common Pleas (1979), 58 Ohio St.2d 193, 12 O.O.3d 189, 389 N.E.2d 506. Thus, the trial court had no duty to credit jail time against defendant's sentence. Id. See, al......