State ex rel. Hemsley v. Burnham Unruh, 128 Ohio St. 3d 307

Hemsley pleaded guilty to felonies; Judge Burnham Unruh sentenced him to 18 months and later placed him on community control for three years.
In 2005, the court granted judicial release, suspended remaining prison time, and imposed conditions including potential transfer of supervision to North Carolina.
In 2008, the period of community control was extended by two years. In 2010, Hemsley was notified of alleged violations and arraigned for them.
At the April 22, 2010 hearing, Hemsley faced an amended charge alleging new violations, including traveling to Mexico without permission.
Hemsley moved to dismiss, arguing lack of subject-matter jurisdiction since the term of community control had expired; the judge denied the motion.
Hemsley filed a complaint in the Court of Appeals for a writ of prohibition to stop further proceedings; the court of appeals dismissed the complaint.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court had jurisdiction to proceed on violations	Hemsley argues lack of jurisdiction due to expiration of term	Burnham Unruh had jurisdiction to proceed under statutory framework	Judge did not patently and unambiguously lack jurisdiction
Adequacy of an extraordinary remedy	Relator lacks adequate remedy other than prohibition	Relator has adequate remedy by appeal	Adequate remedy by appeal exists; prohibition denied
Continuation of proceedings after expiration of community control	Davis and former R.C. 2951.09 limit authority after expiration	Statutory framework and timing allow proceedings if notices and commencements occurred before expiration	Proceedings authorized where notice and commenced revocation occurred before expiration; former statute inapplicable
Effect of repeal of former R.C. 2951.09 on jurisdiction	Former provision bars post-expiration actions for probation violations	Since repealed before Hemsley’s conduct, not dispositive	Former R.C. 2951.09 inapplicable; jurisdiction remains

Davis v. Wolfe, 92 Ohio St.3d 549 (2001) (discharge required after probation period; limits on post-expiration revocation)
Rosen v. Celebrezze, 117 Ohio St.3d 241 (2008) (prohibition standard; adequacy of claims)
Mosier v. Fornof, 126 Ohio St.3d 47 (2010) (adequacy of remedy by appeal; patent lack of jurisdiction condition)
Plant v. Cosgrove, 119 Ohio St.3d 264 (2008) (general rule: remedy by appeal when jurisdiction not patently lacking)
Kaine v. Marion Prison Warden, 88 Ohio St.3d 454 (2000) (predecessor concept on probation and jurisdictional timing)