Bush v. Maxwell

5 Citing cases

  1. Smouse v. Perini

    242 N.E.2d 340 (Ohio 1968)   Cited 4 times
    In Smouse and Bush, supra, the parole violators were unavailable because they were serving sentences for intervening crimes.

    " (Emphasis added.) The identical language upon which relator predicates his claim to relief has already been considered by this court in the case of Bush v. Maxwell, 175 Ohio St. 207. At the time the Bush case was decided the provision upon which relator relies was part of Section 2965.21, Revised Code — the predecessor statute to Section 2967.15, Revised Code. We said, at pages 209 and 210 in the opinion:

  2. State, ex Rel. Moon, v. Parole Authority

    22 Ohio St. 2d 29 (Ohio 1970)   Cited 8 times
    Noting that this state is disinclined "to permit a [person] to be incarcerated for a period of time for which he receives no credit"

    Consequently, if petitioner was "available for return" he is entitled to have the period of his incarceration in the Montgomery County Jail during which he was a declared parole violator credited to his time served. This court has previously had several opportunities to consider similar questions. Smouse v. Perini (1968), 16 Ohio St.2d 13; Whitaker v. Maxwell (1966), 6 Ohio St.2d 202; Carter v. Maxwell (1964), 177 Ohio St. 35; Cline v. Haskins (1964), 175 Ohio St. 480; Bush v. Maxwell (1963), 175 Ohio St. 207. However, none of these cases involve the precise point in issue here.

  3. Stapley v. Maxwell, Warden

    237 N.E.2d 399 (Ohio 1968)

    This court has held that the time served on other sentences and the time during which a parolee has been declared a parole violator and is at large cannot be credited to his sentence. King v. Maxwell, 173 Ohio St. 536; Bush v. Maxwell, 175 Ohio St. 207. The appellant has also attacked the authority of the Pardon and Parole Commission to determine the expiration date of his maximum sentence, and in declaring him a parole violator.

  4. Cline v. Haskins

    196 N.E.2d 440 (Ohio 1964)   Cited 13 times

    In 1950, by violating his parole, petitioner achieved the status of an escaped prisoner, and his sentence ceased to run. King v. Maxwell, Warden, 173 Ohio St. 536; and Bush v. Maxwell, Warden, 175 Ohio St. 207. At the time of the violation of his parole, petitioner still owed a part of his debt to the state under the 1943 conviction. He was not paying this debt while he was a parole violator. The only way this debt could be satisfied was by serving the sentence, unless the obligation was remitted by some legal authority.

  5. State ex Rel. Amburgey v. Russell

    139 Ohio App. 3d 857 (Ohio Ct. App. 2000)   Cited 3 times
    In Amburgey, Amburgey was convicted of attempted burglary and released on parole when he moved to Kansas and was convicted of robbery.

    A review of Ohio case law reveals that this has long been the established rule in Ohio. See Gillen v. Ohio Adult Parole Authority (1995), 72 Ohio St.3d 381; Hignite v. Cardwell (1970), 22 Ohio St.2d 146;Armstrong v.Haskins (1964), 176 Ohio St. 422; Bush v. Maxwell (1963), 175 Ohio St. 207. The record office of the Ohio Department of Rehabilitation and Correction followed the provisions of R.C. 2967.15(C)(1) and the above cases by adding nine hundred twenty-eight days to Amburgey's sentence.