Hattie v. Anderson

Appellant’s first proposition of law asserts that habeas corpus and/or mandamus is available against the APA because it rescinded an order granting parole out of vindictiveness and in retaliation for his questioning the conditions of parole. R.C. 2967.03 vests discretion in the APA to “grant a parole to any prisoner, if in its judgment there is reasonable ground to believe that * * * such action would further the interests of justice and be consistent with the welfare and security of society.” However, R.C. 2967.03 creates no expectancy of parole or a constitutional liberty interest…