State ex rel. Blake v. Shoemaker

The 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 Greenholtz required 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…