The Twelfth District says H.B. 86 applied to judicial release motion (10 29 12)

The Twelfth District Court of Appeals just heard a dispute about judicial release. The trial court granted a Warren County defendant’s request for judicial release. The State appealed. On appeal the question was which statute applied? The judicial release statute in effect when the defendant filed for judicial release? The statute in effect when the court decided whether to grant judicial release? The Court of Appeals determined that the changes to judicial release brought about by House Bill 86 apply to anyone serving a prison time on September 30, and anyone serving a prison term after that date. It would also apply to any decision made by a trial court on a judicial release motion made on or after September 30. State v. Strunk, 2012-Ohio-5013.

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