Legal Opinion

State v. Boling, Unpublished Decision (12-17-2001)

Ohio Court of Appeals

Decided December 17, 2001No. 01CA30Unpublished

1Opinion of the Court

DECISION AND JUDGMENT ENTRY

This is an appeal from an Athens County Common Pleas Court judgment that revoked community control sanctions imposed on Bobby O. Boling, defendant below and appellant herein, and ordered appellant to serve the remainder of a four year prison term.

The following errors are assigned for our review:

FIRST ASSIGNMENT OF ERROR:

"THE TRIAL COURT VIOLATED THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION WHEN IT FAILED TO CONDUCT A BIFURCATED HEARING ON THE MOTION TO TERMINATE COMMUNITY CONTROL."

SECOND ASSIGNMENT OF ERROR:

"THE TRIAL COURT…

2Cases cited7 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. State v. DelaneyOhio Supreme Court · 1984
  4. State v. QuallsOhio Court of Appeals · 1988
  5. State v. MillerOhio Court of Appeals · 1975

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