State v. Butcher
2017 Ohio 631
| Ohio Ct. App. | 2017Background
- Butcher was indicted for felonious assault (second degree) in 2013 after injuring his girlfriend with a knife during an incident at his parents’ home.
- Butcher pleaded guilty; sentencing in 2013 considered his bipolar disorder, stressors, prior criminal history, and a mental-health assessment deeming him competent and not insane.
- The trial court sentenced Butcher to four years in prison, to run consecutively to a nine-month term from another case, citing concerns about seriousness and likely recidivism.
- Butcher unsuccessfully sought judicial release in 2014 (denied without a hearing) and again later that year (denied on the merits).
- In 2016, after over two years in custody, a hearing considered factors including the victim’s death, parental forgiveness, completed rehabilitation efforts, and support from family and mental-health providers.
- The court granted judicial release, placing Butcher on five years of intensive community-control with treatment, MonDay program, and health-treatment recommendations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the recidivism finding supports judicial release | Butcher’s conduct remains serious; recidivism evidence not clearly favorable. | Mental-health treatment needs and rehabilitation evidence show reduced risk. | Yes; findings supported by clear and convincing evidence. |
| Whether the court complied with listing all factors under 2929.20(J)(2) | Court failed to list factors presented at the hearing. | Record shows factors; lack of explicit listing was harmless or encompassed. | Remanded to list all J(1) factors presented at the hearing. |
Key Cases Cited
- State v. Ledford, 2017-Ohio-149 (2017) (new judicial-release hearing requires fresh evaluation of factors)
- State v. Nichter, 2015-Ohio-3489 (2015) (review standard for judicial release under 2929.08(G)(2))
- State v. Weiss, 180 Ohio App.3d 509 (3d Dist. 2009) (court must list factors presented at the hearing)
- State v. Edwards, 2005-Ohio-2246 (3d Dist. Marion No. 9-04-67, 2005) (recidivism/seriousness factors at judicial release hearing)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (extremely deferential standard of review for judicial release)