Opinion
No. 91-1130
Submitted September 17, 1991 —
Decided December 11, 1991.
APPEAL from the Court of Appeals for Franklin County, No. 90AP-1108.
Relator-appellant, Timothy D. Grinnell, while on parole, was convicted of a new felony, and his parole was revoked after a mitigation hearing. Appellant offered no mitigating evidence. Subsequently, he sought a writ of mandamus in the Court of Appeals for Franklin County to compel appellees, the Adult Parole Authority and its chief, to hold a new parole revocation hearing at which he would receive written notice of the claimed violations, disclosure of the evidence against him, the assistance of counsel, the right to confront and cross-examine witnesses, a neutral and detached hearing body, and a written statement by the fact-finder as to the evidence relied on and the reasons for revoking parole, as required by Morrissey v. Brewer (1972), 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484, and Gagnon v. Scarpelli (1973), 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656. The court of appeals granted appellees' motion for summary judgment.
This cause is before the court upon an appeal as of right.
Timothy D. Grinnell, pro se. Lee I. Fisher, Attorney General, and Steven W. Ritz, for appellees.
We affirm the judgment of the court of appeals on the basis of State, ex rel. Stamper, v. Ohio Adult Parole Auth. (1991), 62 Ohio St.3d 85, 578 N.E.2d 461.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.