State v. Delaney
2013 Ohio 2282
Ohio Ct. App.2013Background
- Indicted Sept. 2011 on three counts of rape (R.C. 2907.02(A)(2)) and one count of gross sexual imposition (R.C. 2907.05(A)(1)];
- EMHA was imposed as a bail condition;
- Pleaded guilty to gross sexual imposition and received an 18‑month prison sentence; the remaining rape charges were dismissed;
- On Oct. 22, 2012 Delaney moved for jail‑time credit for time spent on EMHA;
- Trial court denied the motion; the appellate court affirmed the denial as to jail‑time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial EMHA counts as confinement for jail‑time credit | Delaney: EMHA confinement entitles credit | State: EMHA is not confinement under R.C. 2921.01(E) | EMHA is not confinement; no jail‑time credit |
Key Cases Cited
- State v. Faulkner, 102 Ohio App.3d 602 (3d Dist.1995) (confinement definition for jail‑time credit includes post‑offense confinement; pretrial EMHA not confinement)
- State v. Gapen, 104 Ohio St.3d 358 (2004-Ohio-6548) (pretrial electronic home monitoring not intended as detention under R.C. 2921.01(E))
- State v. Towns, 8th Dist. No. 88059 (2007-Ohio-529) (pretrial EMHA not confinement for jail‑time credit)
- State v. Gowdy, 7th Dist. No. 07 MA 103 (2008-Ohio-1533) (EMHA not confinement for jail‑time credit)