# State ex rel. Hickman v. Capots

> Ohio Supreme Court · September 20, 1989 · 45 Ohio St. 3d 324

URL: https://www.frixlaw.com/law-library/cases/6762007

## Case

- **Full name:** The State, ex rel. Hickman v. Capots, Chairman
- **Court:** Ohio Supreme Court
- **Decided:** September 20, 1989
- **Citations:** 45 Ohio St. 3d 324; 544 N.E.2d 639; 1989 Ohio LEXIS 234
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 168 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6762007

## How later opinions describe it (automated extraction)

- applying this standard to a Civ.R. 12(B) motion to dismiss

## Opinion text

Per Curiam.
Unsupported conclusions of a complaint are not considered admitted, Schulman v. Cleveland (1972), 30 Ohio St. 2d 196,198 , 59 O.O. 2d 196,197, 283 N.E. 2d 175,176 , and are not sufficient to withstand a motion to dismiss. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St. 3d 190, 193 , 532 N.E. 2d 753, 756 . The cases cited by appellant, Mack v. McCune (C.A. 10, 1977), 551 F. 2d 251 , and Robinson v. Benson (C.A. 10, 1978), 570 F. 2d 920 , both indicate that the conclusion appellant pleaded below is an exception to the general rule that parole may be revoked even though criminal charges based on the same facts are dismissed, the defendant is acquitted, or a conviction is overturned. See Taylor v. United States Parole Comm. (C.A. 6,1984), 734 F. 2d 1152, 1155 . This suggests the need to plead specific facts showing how or why the parolee comes within the exception. Id. at 1156 ; see, also, Mitchell, supra. Appellant has not done so here.
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6762007. Public record. Not legal advice.