Ohio, ex rel. Ricardo Dodson v. Ohio Department of Rehabilitation and Correction, et al.
1. WHETHER PETITION WAS DENIED HIS FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO A FAIR PAROLE HEARING WHERE THE PAROLE BOARD, DURING PAROLE CONSIDERATION, DETERMINED PETITIONER TO BE THE BIOLOGICAL FATHER OF THE CHILD BORN TO THE RAPE VICTIM, DENIED THE PETITIONER'S REQUEST FOR A DNA BLOOD GROUPING-GENETIC TEST TO EITHER ESTABLISH OR REFUTE THE PATERNITY, RESPONDENTS DETERMINATION, THEN DENIED PAROLE BASED ON THE DETERMINATION THAT PETITIONER CAUSED THE VICTIM TO BECOME PREGNANT DUE TO THE RAPE;
2. WHETHER THE RESPONDENTS, OHIO DEPARTMENT OF REHABILITATION AND CORRECTIONS ("ODRC"), AND THE OHIO ADULT PAROLE AUTHORITY (OAPA"), IS REQUIRED BY LAW TO PROVIDE PETITIONER WITH A DNA BLOOD GROUPING-GENETIC TEST, UPON REQUEST, TO EITHER ESTABLISH OR REFUTE THE RESPONDENTS DETERMINATION THAT PETITIONER IS THE BIOLOGICAL FATHER OF THE CHILD BORN TO THE RAPE VICTIM;
3. WHETHER THE RESPONDENTS DENIAL OF A BLOOD GROUPING TESTS TO AN INDIGENT PATERNITY DEFENDANT, WHO IS UNABLE TO PREPAY FOR SUCH TESTS, AND WHO FACES THE STATE (OHIO PAROLE BOARD) AS AN ADVERSARY WHEN THE MOTHER IS ASSERTING THAT PETITIONER IS THE BIOLOGICAL FATHER, VIOLATES THE DUE PROCESS GUARANTEE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AS SET FORTH IN Little v. Streater, 452 U.S. 1, 13-17, 68 L. Ed. 2d 627, 101 S. Ct. 2202 (1981);
4. WHERE THE RESPONDENT'S ODRC & OAPA DETERMINES THAT PETITIONER IS THE BIOLOGICAL FATHER OF THE CHILD, WHEN THERE HAS BEEN NO COURT ADJUDICATION, AND FOR THE PURPOSE OF DETERMINING PAROLE, DOESTHAT DETERMINATION-ADJUDICATION ESTABLISH ANY LEGAL RELATIONSHIP WITH THE RAMIFICATIONS OF IMPOSING OR CONFERRING ANY PARENTAL RIGHTS, PRIVILEGES, DUTIES, AND OBLIGATIONS?
5. WHETHER UNDER STATE OR FEDERAL LAW, WHEN THE PAROLE BOARD (STATE AGENCY) MADE THE DETERMINATION THAT PETITIONER IS THE BIOLOGICAL FATHER OF THE CHILD BORN TO THE RAPE VICTIM, AS PART OF THEIR DECISION PROCESS REGARDING PETITIONER'S PAROLE RELEASE CONSIDERATION, IS TANTAMOUNT TO LEGALLY ESTABLISHING THE PATERNITY OF THE CHILD BORN TO THE VICTIM?
6. WHETHER OHIO LAW, WHICH ALLOWS THE PAROLE BOARD TO MAKE PATERNITY DETERMINATION AS PART OF THEIR DECISION MAKING PROCESS REGARDING RELEASE CONSIDERATION ON PAROLE, EVEN WHERE THERE HAS BEEN NO PRIOR PATERNITY ADJUDICATION BY A COURT OF COMPETENT JURISDICTION, VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE FOURTEENTH AMENDMENT?
Whether petitioner was denied his Fourteenth Amendment due process right to a fair parole hearing