State ex rel. Alford v. Adult Parole Auth. (Slip Opinion), 152 Ohio St. 3d 35

Brian K. Alford, a parolee, claimed the Ohio Adult Parole Authority (APA) failed to hold a timely parole-violation hearing and denied him counsel, and sought mandamus ordering his release on the original parole terms.
Alford filed the mandamus petition in the Court of Appeals (Twelfth District) on November 17, 2015.
The Twelfth District granted summary judgment for the APA, finding the delay in adjudicating the alleged violation was not unreasonable.
The court of appeals also held Alford’s claims were barred by res judicata because he had raised the same issues in earlier habeas corpus actions.
Alford previously raised the identical due-process/timeliness claim in federal habeas (S.D. Ohio) and in a Warren County common-pleas habeas action; those actions were decided against him and affirmed on appeal.
The Ohio Supreme Court affirmed the court of appeals, denied Alford’s motion for declaratory judgment as procedurally improper, and denied other procedural relief as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether APA’s delay in holding a parole-violation hearing required immediate release	Alford: delay was unreasonable and violated due process; entitles him to release on original parole terms	APA: delay was not unreasonable; factual and legal bar applies	Court: claim is barred by res judicata; prior actions addressed same nucleus of facts; no relief granted
Whether denial of counsel for the release-violation hearing unlawfully impaired defense	Alford: APA’s refusal to provide counsel deprived him of a fair defense	APA: merits were previously litigated and not available in new action; delay not unreasonable	Court: claim barred by res judicata as previously raised; not reconsidered here
Procedural propriety of seeking a declaratory judgment by motion in this appeal	Alford: moved for declaratory relief in the appeal	APA: motion procedurally improper; declaratory judgments require separate complaint under R.C. ch. 2721 and Civ.R. 57	Court: motion denied as procedurally incorrect and unnecessary given appellate posture

Grava v. Parkman Twp., 73 Ohio St.3d 379 (1995) (a valid final judgment on the merits bars subsequent actions arising from the same transaction)
Fuller v. German Motor Sales, Inc., 51 Ohio App.3d 101 (1st Dist. 1988) (a motion for declaratory judgment is procedurally improper; such relief requires a separate complaint)