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Kura & Wilford Co., L.P.A.
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The Ohio Parole Board
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Although an inmate does not have a right to have an attorney present
during most Parole Board proceedings, the assistance, both before
and after any hearing, of an experienced attorney who understands
the system can be invaluable to the inmate and his/her family. Kura
& Wilford Co., L.P.A. intersects the parole realm in three areas. |
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Representation At A Parole Release Hearing: |
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Most parole release considerations begin with a Parole Release
Hearing, conducted at a prison, by a Parole Board panel. This
hearing is accomplished at most prisons by tele-video conferencing,
but in some prisons by a face-to-face meeting with the panel. A
Parole Board panel of four Board Members often conducts the
tele-video hearing of offenders serving a life sentence, or prison
terms for Voluntary or Involuntary Manslaughter, or for sex
offenses. A Parole
Board panel generally includes one Parole Board Member and one
Parole Hearing Officer.
Because no one other than the potential parolee is permitted to
attend this hearing, our representation focuses on indirectly
influencing the panel’s consideration, using one of two methods: (1)
submission of written materials addressing issues under the release factors set forth under the
Ohio Administrative Rules, which the Board is required to consider,
or (2) appearance (with or without family members) at an Offender Family Conference, scheduled the month prior to the panel release
hearing; a summarized report of the Offender Family Conference is entered
into the Parole Board’s computerized database and accessed by the
panel members during the Parole Release Hearing. Panel
hearings can result in various dispositions. When retained for an
upcoming parole hearing, Kura & Wilford Co., L.P.A. provides legal
representation for any future panel release hearing until the client
is released from prison. |
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Reconsideration Request: |
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Contact with Kura & Wilford Co., L.P.A. is often made in the wake of
an unsuccessful Parole Release Hearing. In such cases, we file
a Request for Reconsideration, asking that the Parole Board vote to
“rescind and rehear” the case. If the Parole Board votes to
grant this request, the previous Parole Board action is vacated and
another Panel Release Hearing scheduled, usually 60 days after the
request is granted.
Filing a Request for Reconsideration requires a thorough knowledge
of the facts of the case and the history of prior parole
proceedings. In this situation, Kura & Wilford Co., L.P.A.
must identify grounds for impeaching the factual foundation and
resulting analysis and conclusions of the prior Parole Release
Hearing decision and present a persuasive argument that this
decision was erroneous. |
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Open Full Board Hearing: |
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Under Ohio law, a decision to grant parole to an offender may be
challenged, before the inmate is released, by a contested hearing
before the full Parole Board (seven members). After hearing
presentations in behalf of the inmate and in behalf of the victims
and/or other challengers, the Board retires into executive decision,
then returns to the hearing to announce its decision of whether or
not to grant parole.
In cases of Aggravated Murder and Murder, certain relatives of the
victim have an absolute right to challenge the initial parole
decision in an Open Hearing, even where they have successfully
challenged a parole decision in the past. In other cases, Ohio law
provides certain people with the right to request a hearing to
challenge the initial parole decision, and the Board votes to decide
whether to hold a hearing on the challenge or not. Experience shows
that the Board is generally very deferential to such requests.
An Open Hearing is unique in that it is the only type of parole
hearing in which persons other than the inmate may be present, such
as a legal representative and supporters of the inmate’s release.
Although the inmate is not permitted to attend the Open Hearing, the
inmate’s representatives can address the Parole Board with arguments
in favor of the inmate’s release, and hear the arguments and
statements of those opposing parole.
Legal representation at an Open Hearing can be crucial in presenting
the inmate’s case for release, and possibly rebutting arguments made
by victims as to why parole should not be granted. It is common for
victims to have the assistance of a Prosecuting Attorney or a
representative from the Office of Victim Services in presenting the
case against parole; the inmate should have equal professional
advocacy in his/her behalf.
Statistics reveal that over the past ten years, the Parole Board has
become increasingly deferential to victim-based challenges in Open
Hearings. Currently, two out of three challenges result in denial of
parole. Under these circumstances, it is important to present the
best case possible in behalf of the inmate. |
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