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Daily Court Reporter - News Court rules prisoner may pursue collateral attack on escape conviction when charge was based on violation of invalid postrelease control sentence

 

Court rules prisoner may pursue collateral attack on escape conviction when charge was based on violation of invalid postrelease control sentence

Dennis Whalen, Supreme Court of Ohio

The Supreme Court of Ohio ruled today that when an offender has been convicted of the crime of escape for violating the terms of a postrelease control sentence, the offender is not barred by the doctrine of res judicata from pursuing a collateral attack on his escape conviction based on a claim that the postrelease control sentence underlying that conviction was never properly imposed.

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Date Published: November 12, 2012

 

 

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