A split Ohio appeals court on Tuesday ruled an incarcerated man should be allowed to participate in prison programs that can earn him credit toward his release, adding that a state trial judge cannot bar access to the programs.
A majority of Ohio's Eleventh District Court of Appeals found a district court judge lacks the power to specifically ban Anthony Talbert from taking part in the programs that could shorten his 4.5-year prison sentence, finding the transitional control programs are not part of the offender's sentence and cannot be regulated by the courts.
"Even if transitional control may be considered a part of the criminal sentence, the trial court lacked statutory authority to prohibit appellant's participation," Judge John E. Eklund [pictured above] said in the majority opinion. "Therefore, the portion of the trial court's judgment prohibiting appellant's participation in the transitional control program is clearly and convincingly contrary to law."
