STATE v. DALEY

No. 95689.

2011 Ohio 3584

State of Ohio, Plaintiff-Appellee, v. John Daley, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: July 21, 2011.


Attorney(s) appearing for the Case

Dennis N. Loconti , Connick & Associates Co., L.P.A., Northpoint Tower, Suite 1720, 1001 Lakeside Avenue, Cleveland, Ohio 44114, Robert L. Tobik , Cuyahoga County Public Defender, By: John T. Martin , Cullen Sweeney , Assistant Public Defenders, 310 Lakeside Avenue, Suite 400, Cleveland, Ohio 44113, American Civil Liberties Union, By: Carie L. Davis , Melvyn R. Durchslag , James L. Hardiman , Max Wohl Civil Liberties Center, 4506 Chester Avenue, Cleveland, Ohio 44103, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Marc D. Bullard , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Jones, J., Kilbane, A.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, John Daley, appeals from the trial court's judgment finding him incompetent to stand trial, ordering that he be hospitalized for restoration to competency, and ordering that he be treated with antipsychotic medication if needed. We reverse and remand.

I. Procedural History and Facts

{¶ 2} Daley was charged in March 2010 with retaliation...

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