The Supreme Court Ohio Annual Report
The Supreme Court Ohio Annual Report The Supreme Court Ohio Annual Report
Ohio Criminal Sentencing Advisory Committee Eugene Gallo Hon. Burt Griffin Lynn Grimshaw John Guldin James Lawrence John Leutz Kenneth J. Lusnia Cynthia Mausser Hon. Steve McIntosh Karhlton Moore Mark Owens Shirley Pope Hon. Jim Slagle Gary Yates Ohio Criminal Sentencing Commission Chrystal Alexander Paula Brown Richard Collins Terry Collins Hon. William J. Corzine Hon. Robert C. DeLamatre Hon. Laina Fetherolf William R. Gallagher Kort W. Gatterdam Hon. David Gormley Hon. Timothy Grendell Hon. Frederick C. Hany II Jason Hilliard Joseph R. Macejko Hon. Thomas J. Moyer, chair Hon. Andrew Nastoff Hon. Michael O’Brien Hon. Colleen Mary O’Toole Jason Pappas Hon. Bob Proud Hon. Reggie Routson Hon. Shirley Smith Hon. Kenneth Spanagel Tom Stickrath Hon. Joseph Uecker Hon. David J. Westrick Hon. Stephanie Wyler Hon. Tyrone Yates Timothy Young Ohio Criminal Sentencing Commission The Ohio Criminal Sentencing Commission was created by statute by the General Assembly in 1990. The commission is chaired by the Chief Justice and is responsible for conducting a review of Ohio’s sentencing statutes and sentencing patterns, and making recommendations regarding necessary statutory changes. The commission consists of 31 members, 10 of whom are judges appointed by the Chief Justice. In 2009, the commission developed recommendations to the General Assembly on Ohio’s drug laws, including equalizing the guidance given to sentencing judges in drug and non-drug cases and changing the intervention-in-lieu of prison options. In addition, the commission continued to develop proposals on the appropriate culpable mental states for various crimes. Commission staff continued to work with legislation drafters on ways to simplify the felony and misdemeanor sentencing statutes. The commission continued to monitor and discuss the state's prison-crowding situation and made concrete proposals to the General Assembly, particularly on drug policy. Many of the recommendations were included in legislation pending as the year ended. The commission worked with the House Criminal Justice Committee to review pending legislation and suggested changes to bills at the behest of the committee’s chairman. Work stemming from the Supreme Court’s two 2007 Colon cases continues. The decisions highlight gaps in current criminal statutes regarding the mental element needed for culpability. The commission is identifying those gaps and suggesting appropriate mental states and definitional changes. Another project, to streamline the criminal code, continues as well. The goal is to make the code more workable for criminal justice practitioners, including judges, prosecutors and defenders, and to produce a code that can be readily understood by the defendants and victims directly affected. 92
visiting judges According to the Ohio Constitution, in the event of a recusal by a Justice from a pending case, the Chief Justice can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court. The Court thanks the court of appeals judges who served as visiting judges for Supreme Court oral arguments in 2009. Hon. Clair E. Dickinson 9 th District Case Nos. 2008-0711 and 2008-1005 State v. Joseph March 11 Hon. Mary DeGenaro 7 th District Case No. 2008-1334 Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth March 24 Hon. Timothy P. Cannon 11 th District Case No. 2007-0475 State v. Elmore May 19 Hon. Thomas J. Osowik 6 th District Case No. 2009-1230 Allen Cty. Bar Assn. v. Brown Sept. 29 Hon. Lisa L. Sadler 10 th District Case No. 2009-0026 State ex rel. Nickoli v. Erie Metroparks Dec. 1 Hon. Patricia A. Delaney 5 th District Case No. 2009-0605 State v. Prade Dec. 16 93
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<strong>Ohio</strong> Criminal<br />
Sentencing Advisory<br />
Committee<br />
Eugene Gallo<br />
Hon. Burt Griffin<br />
Lynn Grimshaw<br />
John Guldin<br />
James Lawrence<br />
John Leutz<br />
Kenneth J. Lusnia<br />
Cynthia Mausser<br />
Hon. Steve McIntosh<br />
Karhlton Moore<br />
Mark Owens<br />
Shirley Pope<br />
Hon. Jim Slagle<br />
Gary Yates<br />
<strong>Ohio</strong> Criminal<br />
Sentencing<br />
Commission<br />
Chrystal Alexander<br />
Paula Brown<br />
Richard Collins<br />
Terry Collins<br />
Hon. William J. Corzine<br />
Hon. Robert C. DeLamatre<br />
Hon. Laina Fetherolf<br />
William R. Gallagher<br />
Kort W. Gatterdam<br />
Hon. David Gormley<br />
Hon. Timothy Grendell<br />
Hon. Frederick C. Hany II<br />
Jason Hilliard<br />
Joseph R. Macejko<br />
Hon. Thomas J. Moyer,<br />
chair<br />
Hon. Andrew Nastoff<br />
Hon. Michael O’Brien<br />
Hon. Colleen Mary O’Toole<br />
Jason Pappas<br />
Hon. Bob Proud<br />
Hon. Reggie Routson<br />
Hon. Shirley Smith<br />
Hon. Kenneth Spanagel<br />
Tom Stickrath<br />
Hon. Joseph Uecker<br />
Hon. David J. Westrick<br />
Hon. Stephanie Wyler<br />
Hon. Tyrone Yates<br />
Timothy Young<br />
<strong>Ohio</strong> Criminal Sentencing Commission<br />
<strong>The</strong> <strong>Ohio</strong> Criminal Sentencing Commission was created by<br />
statute by the General Assembly in 1990. <strong>The</strong> commission is<br />
chaired by the Chief Justice and is responsible for conducting<br />
a review of <strong>Ohio</strong>’s sentencing statutes and sentencing patterns,<br />
and making recommendations regarding necessary statutory<br />
changes. <strong>The</strong> commission consists of 31 members, 10 of whom<br />
are judges appointed by the Chief Justice.<br />
In 2009, the commission developed recommendations to the<br />
General Assembly on <strong>Ohio</strong>’s drug laws, including equalizing<br />
the guidance given to sentencing judges in drug and non-drug<br />
cases and changing the intervention-in-lieu of prison options.<br />
In addition, the commission continued to develop proposals<br />
on the appropriate culpable mental states for various crimes.<br />
Commission staff continued to work with legislation drafters<br />
on ways to simplify the felony and misdemeanor sentencing<br />
statutes.<br />
<strong>The</strong> commission continued to monitor and discuss the state's<br />
prison-crowding situation and made concrete proposals to the<br />
General Assembly, particularly on drug policy. Many of the<br />
recommendations were included in legislation pending as the<br />
year ended.<br />
<strong>The</strong> commission worked with the House Criminal Justice<br />
Committee to review pending legislation and suggested<br />
changes to bills at the behest of the committee’s chairman.<br />
Work stemming from the <strong>Supreme</strong> <strong>Court</strong>’s two 2007 Colon<br />
cases continues. <strong>The</strong> decisions highlight gaps in current<br />
criminal statutes regarding the mental element needed for<br />
culpability. <strong>The</strong> commission is identifying those gaps and<br />
suggesting appropriate mental states and definitional changes.<br />
Another project, to streamline the criminal code, continues<br />
as well. <strong>The</strong> goal is to make the code more workable for<br />
criminal justice practitioners, including judges, prosecutors<br />
and defenders, and to produce a code that can be readily<br />
understood by the defendants and victims directly affected.<br />
92
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