State ex rel. Marsh v. Tibbals

Appellant was an inmate at the London Correctional Institution, where he was serving the remainder of an indeterminate sentence since the Adult Parole Authority (APA) revoked his parole in 2014. In 2015, Appellant filed a petition for writ of habeas corpus or, in the alternative, a writ of mandamus against Warden Terry Tibbals and the APA. Appellant requested an order requiring Tibbals to immediately release him from prison under the same conditions of his original parole; alternatively, an order compelling the APA to credit his time served from 2001 to 2011; and an order compelling the APA to grant him a new mitigation/revocation hearing with the appointment of counsel. The court of appeals granted summary judgment in favor of Tibbals and the APA. The Supreme Court affirmed, holding (1) because Appellant had not served his maximum sentence and failed to show that he was being held unlawfully, the court of appeals correctly denied Appellant’s request for a writ of habeas corpus; and (2) Appellant failed to prove his entitlement to a writ of mandamus by clear and convincing evidence. View "State ex rel. Marsh v. Tibbals" on Justia Law