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judicial release Ohio


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#1 tinamc

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Posted 22 March 2012 - 07:04 AM

I am inquiring about judicial release for a friend of mine from Stark County.  She has been in prison 10 years on a 13 year sentence.  She is 57 and her health is deteriorating.  She filed two prior times in 2011.  Any suggestions?


 



#2 RetCopPrlgl

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Posted 23 March 2012 - 02:27 AM

It depend on whether or not her sentence was mandatory (partially mandatory) or nonmandatory.


You can read the eligibility requirements HERE.


tinamc said...

She filed two prior times in 2011.

Do you mean she file a Motion with the Sentencing Court ?


The law changed September 30, 2011, and there are new rules.  A good source of reference is from the Office of the Ohio Public Defender


This means if the second Motion was filed before Sep 30, 2011, it was likely ignored, as it had been filed under the old law that allowed only ONE Motion for JR, and only if the sentence was 10 years or less.  This explains why neither one was successful - she didn't qualify.  She probably does now.


The older law capped the sentence at 10 years - any person sentenced to more than 10 years could not request JR - now they can.


Also, under the old law, you had ONE shot at JR - now, you can file subsequent Motions IF an earlier motion was "Denied Without Prejudice".  If earlier Motions were "Denied With Prejudice", the Court will not consider subsequent JR motions.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.






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