State, ex Rel. Gaines, v. Adult Parole Authority

Full title: THE STATE, EX REL. GAINES, v. ADULT PAROLE AUTHORITY

Court: Supreme Court of Ohio

Date published: Jun 8, 1983

5 Ohio St. 3d 104 (Ohio 1983)

449 N.E.2d 762

Opinion

No. 82-1166

Decided June 8, 1983.

Mandamus to compel production of transcript and records of parole revocation hearing as public records — R.C. 5149.11 — Writ denied — R.C. 149.43(A)(1) excepts records of parole proceedings — Minimal due process requirements not violated, when.

IN MANDAMUS.

Relator, Willie R. Gaines, states in this original action in mandamus that he filed a motion with respondent, Adult Parole Authority, requesting records of his parole revocation hearing as public records pursuant to R.C. 5149.11. He alleges that respondent has refused such request. Respondent's answer denies that relator made a request for public records. In replying to respondent's answer, relator reiterates that his request was made in July 1982, to which respondent replied by letter dated July 19, 1982, advising relator that a transcript of his revocation hearing had to be requested by an attorney. Relator attaches a copy of such letter sent to him by respondent and states that respondent's letter was in response to relator's request for a transcript of his revocation proceedings.

Mr. Willie R. Gaines, pro se. Mr. William J. Brown, attorney general, and Mr. John C. Stamatakos, for respondent.

Per Curiam.

Relator's request for records of his parole revocation hearing as public records, if made, ignores R.C. 149.43(A)(1) which excepts records of parole proceedings from those records required to be made available as public records.

Further, relator does not assert any claim of failure of respondent to comply with any of the minimum due process requirements as to parole revocation proceedings as outlined by Morrissey v. Brewer (1972), 408 U.S. 471. Moreover, the materials submitted herein by relator reflect that his request to respondent was for a transcript of his revocation proceedings. Furnishing a copy of such transcript, if any, of parole revocation proceedings is not set out as among the minimal due process requirements of Morrissey.

Thus, relator has not shown a clear legal right to the relief prayed for, and the writ is denied.

Writ denied.

CELEBREZZE, C.J., W. BROWN, SWEENEY, WEBER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.

WEBER, J., of the Second Appellate District, sitting for LOCHER, J.