State ex rel. Cobb v. Adult Parole Auth. (Slip Opinion)
122 N.E.3d 1191
| Ohio | 2018Background
- Michael Cobb, serving 18 years-to-life for 1998 robbery and murder with a gun specification, was denied parole after a June 11, 2015 hearing.
- The Parole Board cited remorse and insight but denied parole because the victim was shot in the back and robbed; it also noted "problematic conduct" in prison.
- Cobb filed for a writ of mandamus alleging five substantive inaccuracies in his parole file and requesting correction and a new hearing, relying on State ex rel. Keith v. Adult Parole Auth.
- The APA moved to dismiss; the magistrate and the Tenth District denied Cobb's petition, concluding he failed to show substantive errors that could have affected the parole decision.
- The Ohio Supreme Court affirmed, holding Cobb did not present credible allegations of substantive inaccuracies that may have influenced the Board's decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Alleged false assault narrative in parole file | Cobb: file wrongly states victim was assaulted (but autopsy shows only gunshot); this could have influenced the Board's seriousness finding | APA: Board expressly relied on shooting-and-robbery facts, not assault allegations, so no prejudice | Denied — no credible allegation that the assault detail affected outcome |
| 2. Incorrect aggregate sentence notation (23 yrs-to-life vs. 18 yrs-to-life) | Cobb: file shows inconsistent notation implying 23-year minimum | APA: Board clearly treated minimum as 18 years (he received a hearing in 2015) | Denied — no substantive error shown |
| 3. "Problematic conduct" finding | Cobb: records show good institutional behavior and low security classification | APA: Board relied on conduct reports in file; Cobb did not show those records were inaccurate | Denied — no credible evidence of substantive inaccuracy |
| 4. Alleged misstated hearing comments (juvenile conviction, reason for transfer) | Cobb: board members misstated juvenile charge and transfer reason | APA: could be misstatements of accurate records; unsubstantiated hearing allegations alone insufficient | Denied — unsubstantiated statements do not trigger mandatory review |
Key Cases Cited
- State ex rel. Keith v. Adult Parole Auth., 24 N.E.3d 1132 (Ohio 2014) (parole applicants may obtain APA investigation when there are credible, evidence-supported allegations of substantively inaccurate records)
- State ex rel. Waters v. Spaeth, 960 N.E.2d 452 (Ohio 2012) (mandamus requires clear legal right, clear duty, and lack of adequate remedy)
- State ex rel. Keith v. Dept. of Rehab. & Corr., 109 N.E.3d 1171 (Ohio 2018) (reiterating Keith standard that record errors must be capable of influencing parole consideration)