Brooks v. Kelly
Annotate this CaseIn 1989, Petitioner, a prisoner at Grafton Correction Institution, was convicted of aggravated murder and other crimes. After a hearing in 2005, the parole board denied Petitioner parole. The board later determined that it should not have held the parole hearing because Petitioner had not yet served his minimum sentence at that time. Therefore, the board vacated its 2005 decision and continued Petitioner’s parole eligibility to 2015. In 2014, Petitioner filed this original action against the warden, claiming that the parole board violated his due process rights by vacating its 2005 decision. The warden filed a motion for summary judgment under Ohio R. Civ. P. 56(C). The court of appeals granted the motion for summary judgment. The Supreme Court affirmed, holding that the court of appeals (1) did not err by ruling on Petitioner’s motion for summary judgment under the Rules of Civil Procedure; and (2) properly granted summary judgment to the warden based on res judicata, as a habeas corpus action filed by Petitioner in 2013 was virtually identical to the complaint in this case.
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