Hinton v. ShoopHinton v. Shoop
APPEARANCES:
Morris K. Hinton, Chillicothe, Ohio, pro se appellant.
Michael DeWine, Attorney General of Ohio, and Jerri L. Fosnaught, Assistant Attorney General of Ohio, Columbus, Ohio, for appellee.
Hoover, P.J.
{¶1} Appellant, Morris K. Hinton (“Hinton”), appeals the judgment of the Ross County Court of Common Pleas. Respondent, Warden of the Chillicothe Correctional Institution (“Warden”), filed a motion to dismiss Hinton’s petition for writ of habeas corpus, which the trial court granted. The court found that Hinton had not served his entire twenty-five year maximum sentence and was not entitled to habeas corpus relief. On appeal, Hinton challenges the trial court’s grant of Warden’s motion to dismiss and the denial of his petition. Because Hinton’s petition for writ of habeas corpus fails on substantive grounds, we cannot conclude that the trial court erred in granting Warden’s
{¶2} On December 19, 1994, the Hamilton County Court of Common Pleas found Hinton guilty of one count of Felonious Sexual Penetration in violation of
{¶3} On July 25, 2016, Hinton filed a Complaint for Declaratory Judgment in the Franklin County Court of Common Pleas. In his complaint, Hinton sought an order directing the Ohio Bureau of Sentence Computation (“BOSCO”) and the Ohio Department of Rehabilitation and Correction (“DRC”) (collectively the “defendants”) to immediately correct his end-of-sentence date to December 13, 2016 to reflect three years of “good time” credit. On February 23, 2017, the Franklin County Court of Common Pleas granted defendants’ motion for summary judgment and dismissed Hinton’s declaratory judgment action.
{¶4} Hinton appealed the decision, and on January 23, 2018, the Tenth District overruled Hinton’s sole assignment of error and affirmed the decision of the Franklin County Court of Common Pleas. Thereafter, Hinton filed a Motion for Reconsideration, which the Tenth District denied on March 13, 2018.
{¶5} On July 13, 2017, Hinton filed a Petition for Writ of Habeas Corpus in the Ross County Court of Common Pleas, naming Warden as Respondent. In his petition, Hinton alleged that he had served his maximum sentence and was entitled to immediate release. Again, Hinton argued that his sentence had expired on December 13, 2016 due to his “good time” credit.
{¶7} Thereafter, Hinton timely appealed the trial court’s order.2
II. Assignments of Error
{¶8} On appeal, Hinton assigns the following errors for our review:
Assignment of Error I:
The Court of Common Pleas erred to the prejudice of Petitioner and abused its discretion in granting Respondent’s motion to dismiss Petitioner’s petition for relief, holding Petitioner had not served his maximum sentence, and can prove no set of facts entitling him to habeas relief.
Assignment of Error II:
Did the Court of Appeals’ rewrite of division (A) of
2967.19 of Ohio Revised Code in Gavrilla v. Leonard, 2002 Ohio 6144, invade the province of the legislature, when the court held that division (A) was meant solely to provide parole eligibility advancement, and not actual time off for good behavior assuggested by the “Title” of 2967.19 ? Thus, violating the Doctrine of Separation of Powers within Ohio constitution. [sic]
Assignment of Error III:
When the application of the provisions set forth in division (A) of
2967.19 and2967.193 of Ohio Revised Code —e.g., “Time off for good behavior”—are applied differently to persons named in that division of both provisions, without specific distinguishing factors or applications by the legislature (not already in the language of the provision) violate the Equal Protection Clause of Ohio Constitution.
III. Standard of Review
{¶9} “A motion to dismiss for failure to state a claim upon which relief can be granted tests the sufficiency of the complaint.” Volbers–Klarich v. Middletown Mgt., Inc., 125 Ohio St.3d 494, 2010-Ohio-2057, 929 N.E.2d 434, ¶ 11. In order for a court to dismiss a complaint under
IV. Law and Analysis
{¶11} Habeas corpus is an extraordinary remedy. A habeas corpus petition is available to any person who is “unlawfully restrained of his liberty * * * to inquire into the cause of such imprisonment, restraint, or deprivation.”
{¶12} In a habeas corpus action, the petitioner has the burden of establishing his right to release. Halleck v. Koloski, 4 Ohio St.2d 76, 77, 212 N.E.2d 601 (1965); Yarbrough v. Maxwell, 174 Ohio St. 287, 288, 189 N.E.2d 136 (1963). To satisfy this burden of proof, the petitioner must “state particularly the extraordinary circumstances entitling him to such relief.” State v. ex rel. Walker v. Carter, 4th Dist. Scioto No. 00CA2740, 2001 WL 438704, *2 (Apr. 20, 2001), citing State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185, 187, 652 N.E.2d 746 (1995).
{¶13} We will address Hinton’s first and second assignments of error in tandem.
{¶14} In his first assignment of error, Hinton alleges that the trial court erred in finding that Hinton had not served his maximum sentence and Hinton could prove no set of facts entitling him to habeas relief. In his petition, Hinton argues that he has met the burden of proof through the facts of the case, a plain reading of former
{¶15} In rebuttal, Warden argues that Hinton is not entitled to a writ of habeas corpus because his maximum sentence has not expired. Warden contends that good time credit cannot be applied to reduce a prisoner’s maximum sentence.
{¶16} “An appellate court ‘not only has the right, but is entrusted with the duty to examine its former decisions and, when reconciliation is impossible, to discard its former errors.’ ” State v. Burton, Franklin App. No. 06AP–690, 2007-Ohio-1941, 2007 WL 1196579, at ¶ 22, quoting Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256, at ¶ 44. However, “ ‘any departure from the doctrine of stare decisis demands special justification.’ ” Galatis at ¶ 44, quoting Wampler v. Higgins (2001), 93 Ohio St.3d 111, 120, 752 N.E.2d 962.
{¶17} The primary goal in construing a statute is to ascertain and give effect to the intent of the legislature. State v. Hairston, 101 Ohio St.3d 308, 2004-Ohio-969, 804 N.E.2d 471, ¶ 11. “Where the language of a statute is plain and ambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation. * * * An unambiguous statute is to be applied, not interpreted.” Sears v. Weimer, 143 Ohio St. 312, 316, 55 N.E.2d 413 (1944), quoting 37 Ohio Jurisprudence, Section 278, at 514; Slingluff v. Weaver, 66 Ohio St. 621, 627, 64 N.E. 574 (1902) (“[I]f the words be free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the law-making body, there is no occasion to resort to other means of interpretation.”). When statutory language is ambiguous, the rules of statutory interpretation must be applied to determine the intent of the legislature. Wingate v. Hordge, 60 Ohio St.2d 55, 58, 396 N.E.2d 770 (1979).
{¶18} Former
{¶20} In Gavrilla, we also found that: “The reasoning for reducing the minimum, rather than the maximum, sentence is equally clear: the intent was to enable earlier parole eligibility * * * .” (Emphasis sic.) Gavrilla at ¶ 12; see former
This section retains existing formulae for determining the number of days by which a prisoner in the penitentiary is entitled, by virtue of his good behavior, to have his minimum sentence reduced and his date for parole consideration accordingly advanced.
{¶21} Furthermore, good time credit ceases to apply once a defendant has served his minimum sentence and has been afforded a parole hearing. State v. Howard, 7th Dist. Belmont No. 09BE31, 2011–Ohio–1346, ¶ 8, citing State ex rel. Vaughn v. Money, 104 Ohio St.3d 322, 2004–Ohio–6561, 819 N.E.2d 681, at ¶ 10 (“A contrary construction of former
{¶22} Here, there is insufficient justification to overrule Gavrilla. First, we cannot definitively conclude that Gavrilla was incorrectly decided. Rather, the Gavrilla opinion was
{¶23} After reviewing only the complaint, accepting all factual allegations contained in the complaint as true, and making all reasonable inferences in favor of the non-moving party, it remains that Hinton’s sentence has not expired. Therefore, Hinton did not have a claim cognizable in habeas corpus. State ex rel. Abercrombie v. Cuyahoga Cty. Court of Common Pleas, 141 Ohio St.3d 64, 2014-Ohio-4768, 21 N.E.3d 316, ¶ 8, quoting Morgan v. Ohio Adult Parole Auth., 68 Ohio St.3d 344, 346, 626 N.E.2d 939 (1994) (“Habeas corpus relief is not available to a prisoner who has not served his maximum sentence; ‘habeas corpus is available where an individual’s maximum sentence has expired and he is being held unlawfully.’ ”).
V. Conclusion
{¶24} For the reasons outlined above, Hinton’s first and second assignments of error are overruled. Our determination that former
JUDGMENT AFFIRMED.
It is ordered that the JUDGMENT IS AFFIRMED. Appellant shall pay the costs.
The Court finds that reasonable grounds existed for this appeal.
It is ordered that a special mandate issue out of this Court directing the Ross County Court of Common Pleas to carry this judgment into execution.
IF A STAY OF EXECUTION OF SENTENCE AND RELEASE UPON BAIL HAS BEEN PREVIOUSLY GRANTED BY THE TRIAL COURT OR THIS COURT, it is temporarily continued for a period not to exceed sixty days upon the bail previously posted. The purpose of a continued stay is to allow Appellee to file with the Supreme Court of Ohio an application for a stay during the pendency of proceedings in that court. If a stay is continued by this entry, it will terminate at the earlier of the expiration of the sixty day period, or the failure of the Appellee to file a notice of appeal with the Supreme Court of Ohio in the forty-five day appeal period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Supreme Court of Ohio. Additionally, if the Supreme Court of Ohio dismisses the appeal prior to expiration of sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Harsha, J., and McFarland, J.: Concur in Judgment and Opinion.
For the Court,
By: ________________________________
Marie Hoover
Presiding Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.