Legal Opinion · Dissent

State v. Boyd

Ohio Court of Appeals

Decided September 15, 1994No. 66396Published

1DissentHarper, Presiding Judge

I dissent from the majority opinion as it is my opinion that judgments passed on by this court should not be guided by sentimental or emotional feelings on the subject of the appeal. This court should pass its judgment even when doing so would be unpopular and painful.

Appellant argues that the trial court erred by failing to advise him of his right to request conditional probation and by failing to grant a hearing on his motion for conditional probation.

Any reason in the record to believe that an offender is, or is in danger of becoming, drug dependent compels the trial court to advise the…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. State v. PruittOhio Court of Appeals · 1984
  3. Powell v. CommonwealthSupreme Court of Virginia · 1944
  4. State v. MuscatelloOhio Court of Appeals · 1977
  5. State ex rel. Avellone v. Board of County CommissionersOhio Supreme Court · 1989

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