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State v. Solomon
2012 Ohio 4884
Ohio Ct. App.
2012
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Background

  • Defendant Solomon pled guilty to a felony domestic violence charge and received a five-year community-control sanction.
  • A motion to revoke community control was filed alleging a new offense, failure to report, and alcohol use.
  • Probation-related hearings occurred from December 2010 through November 2011, with continuances for defense counsel illness and other scheduling issues.
  • Evidence showed Solomon complied with 28 terms until August 9, 2010, when he allegedly failed to report due to health problems and medication issues.
  • Solomon testified to illness and medication-related incapacitation; the probation officer testified in-person reporting was required; Solomon was acquitted of the new domestic-violence charge.
  • The trial court found a violation of community control and imposed the five-year suspended sentence previously set, now to be served in prison.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the revocation of Solomon’s community control proper given his mental health defenses? State argues violations were proven and mere noncompliance does not require willfulness. Solomon argues mental illness mitigates and that revocation punished nonwillful or involuntary conduct. Yes; revocation upheld; sentencing within discretion and mental condition considered.

Key Cases Cited

  • State v. Bleasdale, 69 Ohio App.3d 68 (1990) (probation terminated due to program limits; not willful violation of conditions)
  • Cross v. Ledford, 161 Ohio St. 469 (1954) (credibility and weighing witness testimony; multiple conflicting versions)
Read the full case

Case Details

Case Name: State v. Solomon
Court Name: Ohio Court of Appeals
Date Published: Oct 18, 2012
Citation: 2012 Ohio 4884
Docket Number: 2012-CA-7
Court Abbreviation: Ohio Ct. App.