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STATE EX REL. LIPSCHUTZ v. SHOEMAKER

No. 88-1914.

49 Ohio St. 3d 88 (1990)

THE STATE, EX REL. LIPSCHUTZ, v. SHOEMAKER, DIRECTOR, ADULT PAROLE AUTHORITY.

Supreme Court of Ohio.

Decided February 28, 1990.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, Barry L. Lubow and Thomas G. Berkemeyer, for relator.

Anthony J. Celebrezze, Jr., attorney general, and Frederick C. Schoch, for respondent.

Per Curiam.

In this action, Lipschutz seeks a writ of mandamus directing respondent to conduct another parole hearing. He claims that, since he was convicted of only one count of murder, the Parole Board should not have treated him as having committed two murders. Because we find no clear legal duty on the Parole Board's part to disregard crimes not resulting in conviction, we deny the writ in this respect.

Ohio Adm. Code 5120:1-1-08(K) provides:

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