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STATE v. MILLER

No. 74-328.

42 Ohio St. 2d 102 (1975)

THE STATE OF OHIO, APPELLANT, v. MILLER, APPELLEE.

Supreme Court of Ohio.

Decided April 16, 1975.

Attorney(s) appearing for the Case

Mr, George C. Smith, prosecuting attorney, and Mr. Miles C. Durfey, for appellant.

Mr. Timothy J. O'Connell, Mr. Richard H. Ferrell and Mr. Bernard Z. Yavitch, for appellee.

O'NEILL, C. 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.

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