State v. Brown
2011 Ohio 5676
Ohio Ct. App.2011Background
- Brown was indicted in 1997 for kidnapping and pled guilty to amended attempted kidnapping, receiving a one-year sentence.
- In 1998 Brown was convicted of receiving stolen property and theft, with six-month concurrent sentences.
- In 2009 Brown filed an application for relief from weapons disability; hearing held in 2011; application denied.
- The appellate court previously reversed to require a hearing; a new hearing occurred and the denial followed.
- The trial court applied RC 2923.14(D) and denied relief, finding her two prior convictions and violent history disqualified her.
- This appeal challenges the denial as an abuse of discretion; the court affirms, noting discretion is permissive rather than mandatory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying relief from disability | Brown argued rehabilitation and danger factors favored relief | Brown’s prior two convictions, including a crime of violence, negate entitlement | No abuse of discretion; relief is permissive, not mandatory |
Key Cases Cited
- Pikaart v. State, 121 Ohio App.3d 313, 699 N.E.2d 990 (1997) (abuse-of-discretion standard in relief-from-disability)
- Dorrian v. Scioto Conservancy Dist., 27 Ohio St.2d 102, 271 N.E.2d 834 (1971) (interpretation of 'may' as permissive unless explicit intent otherwise)
- State ex rel. Edwards v. Toledo City School Dist. Bd. of Edn., 72 Ohio St.3d 106, 1995-Ohio-251, 647 N.E.2d 799 (1995) (abuse-of-discretion standard and statutory construction)