State v. Evans
2013 Ohio 2730
Ohio Ct. App.2013Background
- Appellee Larry N. Evans, Jr. was found not guilty by reason of insanity and committed to Timothy B. Moritz Mental Hospital (TBM) as the least-restrictive option under RC 2945.40.
- Over time, treatment at TBM recommended moving Evans to Heartland Behavioral Healthcare (HBH), a civil hospital, but a independent evaluator disagreed and the court upheld TBM as the least-restrictive option.
- In March 2010, the trial court denied Evans’s change-in-commitment request to HBH after considering security concerns and expert testimony.
- In March 2011, a second five-day evidentiary hearing explored narcissistic traits vs. narcissistic personality disorder and related safety considerations, with competing expert opinions.
- In August 2012 the trial court granted transfer to HBH, finding it appropriate, and the State appealed seeking reversal or modification; the appellate court reversed and remanded, ultimately holding TBM remains the least-restrictive placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the change to a less restrictive setting poses a threat to public safety | State argued transfer to HBH would threaten public safety. | Evans contended treatment stability and safeguards at HBH eliminate risk. | Clear and convincing evidence supports threat; transfer to HBH not warranted; TBM remains least restrictive. |
Key Cases Cited
- State v. Aduddell, 2011-Ohio-582 (5th Dist. No. 2010-CA-00137) (clear and convincing standard in commitment-change cases)
- In re: Estate of Haynes, 25 Ohio St.3d 101 (Ohio 1986) (establishes probabilistic standard of clear and convincing evidence)
- State v. Roden, 2011-Ohio-2788 (8th Dist. No. 95507) (defines clear and convincing standard)
- Schiebel v. State, 55 Ohio St.3d 71 (Ohio 1990) (standard for weight-of-evidence review)