State v. Swayne
2013 Ohio 3747
Ohio Ct. App.2013Background
- Swayne pled guilty to burglary in three Adams County cases (20100335, 20100337, 20100339).
- The trial court placed him on community control, housed at STAR facility, with restitution of $8,300 and conditions.
- State moved to revoke in 2012 for failure to report and drug use; court revoked community control.
- Sentences upon revocation: case 20100335 three 3-year terms consecutive; case 20100337 six months; case 20100339 one year; aggregate 10 years; IPP disapproved.
- Swayne appeals challenging due process, neutrality, IPP disapproval, excessive and consecutive sentences.
- Court reverses IPP disapproval, remands for resentencing on IPP issue; otherwise affirms in part and remands accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was due process violated by lack of written statement? | Swayne | Swayne | No plain error; oral reasons adequate |
| Was the court a neutral and detached decision maker? | Swayne | Swayne | Presumption of neutrality preserved; comments did not show bias |
| Did the court abuse discretion by disapproving IPP placement? | Swayne | State | Disapproval reversed; remanded for IPP reconsideration |
| Are the prison sentences clearly and convincingly contrary to law or abused discretion? | Swayne | State | Not clearly and convincingly contrary to law; no abuse of discretion |
| Were consecutive sentences properly justified under HB 86 findings? | Swayne | State | Record supports consecutive findings; affirmed except IPP remand |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (minimum due process for revocation hearings)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due process in revocation proceedings; neutral decision maker; written record)
- Black v. Romano, 471 U.S. 606 (1985) (written statements vs. oral explanations; sufficiency for review)
- State v. Allender, 2012-Ohio-2963 (2d Dist. Montgomery No. 24864) (IP commitment disapproval requires explicit findings)
- State v. Fraley, 105 Ohio St.3d 13 (2004) (second sentencing after community control violation; anew sentencing)
- State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step review for felony sentencing)