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I concur in the judgment, but would point out that, as the Ohio Supreme Court has held, "habeas corpus is unavailable to complain about parole conditions that allegedly restrict a petitioner's liberty" and that "depending on the circumstances, either declaratory judgment or mandamus is the appropriate and adequate legal remedy."9 Here, the proper remedy would seem to be declaratory judgment.
9 State ex rel. Smirnoff v. Greene (1988), 84 Ohio St.3d 165 ,702 N.E.2d 423 , citing Hattie v. Anderson (1994),68 Ohio St.3d 232 ,234 ,626 N.E.2d 67 ,70 ; see, also, Stahl v. Shoemaker (1977),50 Ohio St.2d 351 ,354 ,364 N.E.2d 286 ,288 .
Document Info
Docket Number: NO. C-000791.
Judges: <bold>Hildebrandt, Presiding Judge</bold>.
Filed Date: 5/11/2001
Precedential Status: Non-Precedential
Modified Date: 4/18/2021