State v. Mahaffey

Kline, Presiding Judge.

Frank Mahaffey appeals the Jackson County Court of Common Pleas’ decision in which it declined to modify his commitment by adopting his doctors’ recommendation to increase his on-grounds movement privileges at the Southeast Psychiatric Hospital (“SPH”). Because R.C. 2945.401(G)(2) plainly places the burden of proof on the state in the face of a recommendation for a less restrictive status, and because the state did not present any evidence contrary to the recommendation in this case, we agree. Accordingly, we reverse the judgment of the trial court.

I

In February 1999,…