Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE STATE EX REL. RUDOLPH, APPELLANT, v. HORTON, JUDGE, APPELLEE.

Per Curiam.Page 351

{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of mandamus to compel a judge to award jail-time credit. Because the petition does not state a viable mandamus claim, we affirm.

{¶ 2} Appellant, Tyrone Rudolph, a prison inmate, filed a petition in the Court of Appeals for Franklin County for a writ of mandamus to compel appellee, Franklin County Court of Common Pleas Judge Timothy Horton, to grant him jail-time credit on his previously entered sentence. Judge Horton filed a motion to dismiss. The court of appeals granted the motion and dismissed Rudolph's petition.

{¶ 3} We affirm the judgment of the court of appeals. Rudolph had an adequate remedy at law by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Brown v. Summit Cty. Court of Common Pleas, 99 Ohio St.3d 409, 2003-Ohio-4126, 792 N.E.2d 1123, ¶ 4. And insofar as Rudolph now claims that he is entitled to be released from prison because of his jail-time credit, habeas corpus, instead of mandamus, is the appropriate remedy. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 5.

Judgment affirmed.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.

Use AI to get other relevant cases.

Comments

RUDOLPH v. HORTON
(Sep 10, 2008)