STATE, EX REL. SHEPPARD v. KOBLENTZ

Nos. 37514 and 37641.

174 Ohio St. 120 (1962)

THE STATE, EX REL. SHEPPARD, v. KOBLENTZ, COMMR. OF CORRECTION. (Two cases.)

Supreme Court of Ohio.

Decided December 26, 1962.


Attorney(s) appearing for the Case

Mr. F. Lee Bailey and Mr. George H. Faust, for relator.

Mr. Mark McElroy, attorney general, and Mr. Joseph M. Saker, Jr., for respondent.


COLLIER, J.

The basic issue raised in this case is whether the respondent is under a clear legal duty to permit prisoners under his control to undergo hypnosis and polygraph tests for the purpose of establishing their innocence of the crimes for which they were convicted.

It is fundamental that a writ of mandamus will not issue in the absence of a showing of a clear legal right to the relief sought by relator and, conversely, of a clear legal duty of the respondent...

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