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Judge Pike throws out inmate’s bid for release

June 6, 2013
Staff Reports , Salem News

LISBON - An inmate who filed a lawsuit in Columbiana County Common Pleas Court against the warden of the Lorain Correctional Facility seeking his release will have to refile the claim elsewhere.

Judge C. Ashley Pike ruled the petition for a writ of habeas corpus needs to be filed in Common Pleas Court in the county where Troy A. Short, 46, is incarcerated and dismissed the petition. The Lorain prison is located in Lorain County. Pike also denied Short's motions for judicial release.

Convicted in Columbiana County in 1995 of aggravated burglary and failure to comply with a police officer, Short filed a civil case against Lorain warden Kimberly Clipper claiming his Fifth and 14th Amendment rights are being violated.

Both amendments deal with due process in legal proceedings.

Short is serving a maximum term of incarceration under the law as it existed at the time of his conviction, which he said is twice the maximum penalty other prisoners are serving under Senate Bill 2, or truth in sentencing, which was passed by lawmakers after he was sentenced. The bill, which went into effect on July 1, 1996, limits the sentence for those convicted of the same crimes as Short to no more than eight years.

According to his handwritten petition dated April 23, Short notes he was arrested on March 27, 1995 and sentenced to a prison term of eight to 15 years for aggravated burglary and failure to comply with a police officer. He served five years and 71 days in prison and was released on parole on Oct. 10, 2000, but then had additional legal issues in Colorado.

On Dec. 15, 2005, he was arrested in Colorado for the offenses of burglary and theft, convicted and sentenced to 12 years in prison. Upon his release on March 18, 2013, he was returned to Ohio for violating his parole in his previous Columbiana County case.

 
 

 

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