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4 Ohio St. 3d 42

State ex rel. Blake v. Shoemaker

Ohio Supreme Court

Decided March 16, 1983

Ohio Supreme Court · decided 1983-03-16

Key passage — most relied on by later courts

“grant a parole to any prisoner, if in its judgment there is reasonable ground to believe that * * * such action would further the interests of justice and be consistent with the welfare and security of society.”

quoted by 1 later decision, including Hattie v. Anderson

“is a grant of discretion; it does not create any presumption that parole will be issued and does not create an expectancy of parole....”

quoted by 1 later decision, including Dotson v. Wilkinson

Relies on Greenholtz v. Inmates of Nebraska Penal and Correctional Complex · Wagner v. Gilligan

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-16

How this case has been cited

Cited by 56 later decisions — most recently January 2024 · most notably State ex rel. Hattie v. Goldhardt (1994), Hattie v. Anderson (1994)

5 federal appellate · 44 state decisions

16019831990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1The basis of appellant’s argument is that his right to parole consideration provided in R.C. 2967.03 automatically creates a liberty interest sufficient to establish a right to procedural due process. This contention was rejected in Greenholtz v. Nebraska Penal Inmates (1979), 442 U.S. 1, with the exception of where the state statute itself creates an expectancy of release. The Nebraska statute before the court in Greenholtzrequired release by the parole authority unless any one of four conditions negating parole was found to exist. The court stated that the expectancy of release provided by the Nebraska statute “is entitled to some measure of constitutional protection,” but emphasized that “… whether any other state statute provides a protectible entitlement must be decided on a case-by-case basis.” Id. at 12.

¶2R.C. 2967.03 provides the Ohio Adult Parole Authority may grant parole to a prisoner “… if in its judgment there is a reasonable ground to believe that if … the prisoner is paroled, such action would further the interests of *43justice and be consistent -with the welfare and security of society.” This statute is a grant, of discretion; it does not create any presumption that parole will be issued and does not create an expectancy of parole upon which appellant can base his due process claim. See Wagner v. Gilligan (C.A. 6, 1979), 609 F. 2d 866.

¶3Appellant also makes a claim that he was not provided written reasons for the ten-year extension of his next parole hearing as required by appellees’ administrative regulations. This factual question was resolved against appellant by the court of appeals and this court is not persuaded to the contrary.

¶4The judgment of the court of appeals is affirmed.

¶5Judgment affirmed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes and C. Brown, JJ., concur.J. P. Celebrezze, J., not participating.
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