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STATE v. MAHAFFEY

No. 00CA13.

140 Ohio App.3d 396 (2000)

The STATE of Ohio, Appellee, v. MAHAFFEY, Appellant.

Court of Appeals of Ohio, Fourth District, Jackson County.

Decided November 28, 2000.

Attorney(s) appearing for the Case

Mark A. Ochsenbein, Jackson County Prosecuting Attorney, for appellee.

Jonathan D. Blanton, for appellant.

KLINE, Presiding Judge.

Frank Mahaffey appeals the Jackson County Court of Common Pleas' decision in which it declined to modify his commitment by adopting his doctors' recommendation to increase his on-grounds movement privileges at the Southeast Psychiatric Hospital ("SPH"). Because R.C. 2945.401(G)(2) plainly places the burden of proof on the state in the face of a recommendation for a less restrictive status, and because the state did not present any evidence...

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