Hanes v. Haviland - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Hanes v. Haviland, 93 Ohio St.3d 465, 2001-Ohio-1589]

HANES, APPELLANT, v. HAVILAND, WARDEN, APPELLEE.
[Cite as Hanes v. Haviland (2001), 93 Ohio St.3d 465.]
Habeas corpus sought to compel relator's release from prison -- Dismissal of
petition affirmed, when.
(No. 01-792 -- Submitted September 19, 2001 -- Decided October 17, 2001.)
APPEAL from the Court of Appeals for Allen County, No. 1-01-15.
__________________

Per Curiam. In December 1989, appellant, Leonard N. Hanes, was
convicted of felonious assault and sentenced to a prison term of six to fifteen
years.

In February 2001, Hanes filed a petition in the Court of Appeals for Allen
County for a writ of habeas corpus to compel appellee, his prison warden, James
S. Haviland, to release him from prison. Hanes claimed that his accumulated
"good time" credits under, inter alia, R.C. 2967.193 and former R.C. 2967.19,
142 Ohio Laws, Part II, 3100, 3115, entitled him to release from prison on May 4,
2000, i.e., before the expiration of the maximum term of his sentence. In March
2001, the court of appeals dismissed Hanes's petition.

In his appeal of right, Hanes contends that the court of appeals erred in
dismissing his petition.

Hanes's contention is meritless. Former R.C. 2967.19 et seq. does not
reduce the maximum term of his indeterminate sentence, and these provisions
consequently do not entitle Hanes to release from prison before he serves the
maximum term provided in his sentence. See State ex rel. Bealler v. Ohio Adult
Parole Auth. (2001), 91 Ohio St.3d 36, 740 N.E.2d 1100, 1101; State ex rel.
Lanham v. Ohio Adult Parole Auth. (1997), 80 Ohio St.3d 425, 427, 687 N.E.2d
283, 284-285.

SUPREME COURT OF OHIO

At best, even if Hanes is entitled to good-time credit, he would have been
entitled to earlier consideration of release on parole rather than outright release
from prison. Because extraordinary relief in habeas corpus is restricted to
immediate release from confinement, the court of appeals properly dismissed the
petition. See Douglas v. Money (1999), 85 Ohio St.3d 348, 349-350, 708 N.E.2d
697, 698. Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________

Leonard N. Hanes, pro se.

Betty D. Montgomery, Attorney General, and Bruce D. Horrigan,
Assistant Attorney General, for appellee.
__________________
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