Legal Opinion

State v. Miller

Ohio Supreme Court

Decided April 16, 1975No. 74-328PublishedCited by 85 opinions

1Opinion of the Court

O’Neill, G. J.

In Gagnon v. Scarpelli (1973), 411 U. S. 778, it was held, at page 782, that “ * * * a probationer, like a parolee, is entitled to a preliminary and a final revocation hearing, under the conditions specified in Morrissey v. Brewer * * Therefore, although the revocation proceedings in question here involved revocation of probation, they must be examined in light of Morrissey.

The minimum due process requirements for revocation of parole set forth in Morrissey v. Brewer (1972), 408 U. S. 471, 489, include:

“ * * * (a) written notice of the claimed violations of parole; (b)…

2Cases cited3 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Ohio v. TimsOhio Supreme Court · 1967

3Cited by85 opinions

  1. United States v. Paul v. OatesCourt of Appeals for the Second Circuit · 1977
  2. State v. GuytonOhio Court of Appeals · 2020
  3. State v. OhlyOhio Court of Appeals · 2006
  4. State v. Ryan, 14-06-55 (9-17-2007)Ohio Court of Appeals · 2007
  5. State v. OjileOhio Court of Appeals · 2012

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