Thursday, November 8, 2012

Judge abused his discretion with blanket policy (11 8 12)

A Cuyahoga County judge had a blanket policy regarding probation violations. He told a defendant that he was being placed on community control, but if he violated his community control sanctions he was going to prison and the judge would "run it wild." The judge said he sends all probation violators to prison. On appeal the defendant argued that the judge abused his discretion by refusing to use his discretion. The Court of Appeals for the Eighth Appellate District determined that the trial court denied the defendant his right to due process in two respects – the judge failed to act with a neutral and detached attitude toward the defendant and the judge failed to adequately explain the reasons it was revoking the defendant’s community control as required by Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). State v. Groce, 2012-Ohio-5171.

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