STATE v. JOHNSON

No. 86-1431.

32 Ohio St. 3d 109 (1987)

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

Supreme Court of Ohio.

Decided August 19, 1987.


Attorney(s) appearing for the Case

Lynn C. Slaby, prosecuting attorney, and Marc R. Wolff, for appellee.

Thomas R. Wetterer, Jr., Germano, Rondy & Ciccolini Co., L.P.A., and Thomas A. Ciccolini, for appellant.


DOUGLAS, J.

The specific question on which a conflict exists among courts of appeals is whether the legislature has placed a burden of proof on any party, in a hearing pursuant to R.C. 5122.15(E), with respect to a determination of the least restrictive commitment alternative in cases where the state opposes the transfer of an insanity acquittee to a less restrictive treatment setting. A related issue concerns the proper standard of appellate review of the trial court...

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