State v. Johnson

Since I am of the opinion that the “clear and convincing” standard must be satisfied in all subsequent recommitment hearings, I must dissent from the majority opinion in this case.

The hearing for transfer in the cause sub judice was conducted under R.C. 2945.40(F), which states in relevant part:

<<* * * jf thg court or prosecutor does request a hearing within the fifteen-day period [after notice of the impending transfer], the trial court shall hold a full hearing on the person’s commitment not more than thirty days after the hearing is requested * * *. At the conclusion of the hearing, the…