State v. Noonan
2019 Ohio 2960
Ohio Ct. App.2019Background
- Whitney Noonan pled guilty to theft (4th-degree) and attempted failure to appear (5th-degree) and received three years of court-ordered community control with conditions requiring completion of a court-directed addiction treatment (C.D.A.T.) program at Sojourner Recovery Services.
- Noonan entered Sojourner on August 2, 2018, but between August and September she had multiple emergency hospitalizations for serious conditions (chronic infective endocarditis, pulmonary embolism, pneumonia, MRSA) and was medically discharged from Sojourner on September 18, 2018.
- Probation filed violation affidavits alleging she was unsuccessfully discharged from the Sojourner program. At the revocation hearing, testimony and medical/discharge records showed the discharge was for medical reasons; a counselor testified Noonan would be welcome back once medically cleared.
- The trial court found Noonan violated community control (citing both the medical discharge and an alleged heroin overdose) and revoked community control, imposing concurrent 12-month prison terms and awarding 94 days’ jail-time credit in the journal entries.
- On appeal Noonan argued (1) lack of proper notice of the overdose allegation, (2) the revocation was an abuse of discretion because the discharge was for medical reasons beyond her control, and (3) jail-time credit was incorrect or premature to decide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revocation violated due process for lack of notice of alleged heroin overdose | State: revocation proper; court relied on basis in hearing | Noonan: notice alleged only discharge from Sojourner, not heroin use; due process violated if punished for uncharged conduct | Court: No due process violation — journal entries recite discharge as basis; oral references to overdose do not control journal; written notice adequate (noonan’s notice matched entries) |
| Whether trial court abused discretion finding community-control violation for failing to complete Sojourner | State: discharge justified revocation; offender is responsible for completing conditions | Noonan: discharge was medical, beyond her control; she could not participate or benefit — not a willful violation | Court: Abuse of discretion — evidence showed discharge was for medical reasons beyond her control; revocation reversed and community control reinstated |
| Whether jail-time credit calculation must be corrected now | State: credit reflected in entries; issue depends on imprisonment being imposed | Noonan: inconsistent entries (96 days v. 94 days); seeks remand for nunc pro tunc entry | Court: Moot/Not ripe — because revocation was reversed and Noonan remains under community control, credit issue is premature; overruled on merits |
| Remedy and remand instructions | State: enforce sentence as entered | Noonan: restore community control and permit treatment accommodating medical needs | Court: Reversed revocation, reinstated community control, remanded for trial court to consider modifying terms so treatment can proceed consistent with medical needs |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (due process protections required at revocation hearings)
- State v. Bleasdale, 69 Ohio App.3d 68 (Ohio App. 1990) (probation revocation improper where termination from treatment was due to program's inability to meet defendant's medical/mental needs)
- State v. Fugate, 117 Ohio St.3d 261 (Ohio 2008) (explanation of custody/jail-time credit principles)
- State v. Russell, 66 Ohio App.3d 52 (Ohio App. 1990) (probation conditional privilege depends on compliance; violations may support revocation)