Legal Question in Criminal Law in Ohio

Re: Judicial release

This is a very complicated situation, and one that will be difficult to explain within the limits of this program. Nevertheless, here is some information that will help you.

If your son got a 10-year sentence, he is not eligible for judicial release for at least 5 years, and probably not eligible at all. 10 years is the cut-off date, and I always have to read the statute to see if Judicial Release stops when the sentence is 10 years or more, or if it stops when the sentence is more than 10 years. In any case, involuntary manslaughter is probably an offense of violence, so he is probably not eligble.

Foster applies Blakely to the Ohio statutes. The Court held in Foster that Blakely does not require the trial court to impose only the minimum sentence (3 years, in your son's case) but allows the trial court to impose any sentence up to the statutory maximum (10 years, in your son's case).

Because your son pleaded guilty, the most viable way to challenge his sentence is to move to withdraw his plea. That is a difficult standard to meet, and he will need the help of an attorney to do that. Even if he can do it, he may not want to, because if he withdraws the plea the State can go forward with the original prosecution.

Your son may be able to file a delayed appeal, but I doubt it. It is probably too late to file a state post-conviction petition or federal habeas corpus.

He should not attempt to do this alone. He needs an attorney. Good luck with your son's case.