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STATE v. HAWKINS

No. 98-2336.

87 Ohio St.3d 311 (1999)

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

Supreme Court of Ohio.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Michael T. Callahan, Summit County Prosecuting Attorney, and Paul Michael Maric, Assistant Prosecuting Attorney, for appellant.

Richard S. Kasay, for appellee.

David H. Bodiker, Ohio Public Defender, and Jane P. Perry, Assistant Public Defender, urging affirmance for amicus curiae, Office of the Ohio Public Defender.

Betty D. Montgomery, Attorney General, and Ann E. Henkener, Assistant Attorney General, urging affirmance for amicus curiae, Ohio Department of Mental Health.

ALICE ROBIE RESNICK, J.

In this case, the dispositive issue is whether R.C. 2945.401(J)(1)(b) operates retrospectively when applied to a post-July 1, 1997 recommitment hearing involving a person who was found not guilty by reason of insanity prior to July 1, 1997.

Prior to the enactment of R.C. 2945.401, there was no temporal limitation on the continued commitment of a person found not guilty by reason of insanity. A defendant who was found not...

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