State v. Eberlin, 07 Be 51 (6-18-2008)

OPINION

{¶ 1} Plaintiff-appellant Elbert Duley appeals the decision of the Belmont County Common Pleas Court which denied his Civ. R. 60(B)(5) motion for relief from a judgment that had dismissed his petition for a writ of habeas corpus. Appellant contends that he is entitled to release after serving seventy percent of the maximum limit of his indefinite sentence as a result of good time credit. However, under the statute relevant to appellant's sentence, good time credit only applies to reduce a definite sentence or the minimum limit of an indefinite sentence. As the Supreme Court has held,…