probation conditions and any violation (Ohio) · Go Syfert
← Ohio issues

probation conditions and any violation in Ohio

43 Ohio opinions name it 1 courts 1999–2026 12 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
State v. Bellgreen
ohioctapp · 1990 · cited in 42 Ohio opinions naming this issue, 1999–2026
2 sentences

2026He argues that his revocations were not supported by sufficient evidence and were against the manifest weight of the evidence. {¶ 19} “‘The privilege of probation [or community control] rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.’” State v. Russell, 2009-Ohio-3147 , ¶ 7 (11th Dist.), quoting State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist.1990).

2026State v. Graham, 2022-Ohio-1770, ¶ 39 (5th Dist.); Jones, ¶ 19; State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990) (“Probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.”) {¶15} Once a court finds a violation of the terms of community control, an appellate court reviews the trial court's decision to revoke a defendant's community control for an abuse of discretion.

842
Marker v. Finchgreen
ded · 1971 · cited in 5 Ohio opinions naming this issue, 2006–2024
2 sentences

2024Feb. 18, 1994), citing Laws v. Celebrezze, 368 F.2d 640, 642 , (4th Cir. 1966), and Marker v. Finch 322 F.Supp. 905, 910, fn 7 . (1971). {¶25} “‘The privilege of probation rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.’” Id. at ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990).

2011No. 93-L-080, citing Laws v. Celebrezze (4th Cir., 1966), 368 F.2d 640, 642 , and Marker v. Finch (D.C.Del.1971), 322 F.Supp. 905, 910, fn. 7 . {¶15} “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Bell (1990), 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 .

55
State v. Wolfson, Unpublished Decision (5-25-2004)green
ohioctapp · 2004 · cited in 6 Ohio opinions naming this issue, 2008–2024
2 sentences

2024“Because a community control revocation hearing is not a criminal trial, the state does not have to establish a violation with proof beyond a reasonable doubt.” State v. Wolfson, 2004-Ohio-2750, ¶ 7 (4th Dist.); see, also, State v. Payne, 2002 WL 649403 (12th Dist.

2011"Because a community control revocation hearing is not a criminal trial, the State does not have to establish a violation with proof beyond a reasonable doubt." State v. Wolfson, Lawrence App. No. 03CA25, 2004-Ohio-2750, ¶7 .

16
State v. Grahamgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026State v. Graham, 2022-Ohio-1770, ¶ 39 (5th Dist.); Jones, ¶ 19; State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990) (“Probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.”) {¶15} Once a court finds a violation of the terms of community control, an appellate court reviews the trial court's decision to revoke a defendant's community control for an abuse of discretion.

11
State v. Willis, Unpublished Decision (12-22-2005)green
ohioctapp · 2005 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“Because a revocation hearing is not a criminal trial, the State is only required to introduce evidence showing it was more probable than not that the person on community control violated its terms or conditions.” Id., citing State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990), citing State v. Willis, 2005-Ohio-6947, ¶ 9 (5th Dist.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
State v. Ohly green
ohioctapp · 2006
2 sentences

2025DUJUAN RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN ENTERING HIS PLEA.” STANDARD OF REVIEW {¶12} The standard of review in cases involving the revocation of community control was discussed by this Court in State v. Fears, 2018-Ohio-1468 (5th Dist.): “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Ohly, 166 Ohio App.3d 808 , 2006-Ohio-2353 , 853 N.E.2d 675 (6th Dist.), ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist. 199

2025DUJUAN RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN ENTERING HIS PLEA.” STANDARD OF REVIEW {¶12} The standard of review in cases involving the revocation of community control was discussed by this Court in State v. Fears, 2018-Ohio-1468 (5th Dist.): “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Ohly, 166 Ohio App.3d 808 , 2006-Ohio-2353 , 853 N.E.2d 675 (6th Dist.), ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist. 199

112007–2025
Charles M. Laws v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare green
ca4 · 1966
2 sentences

2024Feb. 18, 1994), citing Laws v. Celebrezze, 368 F.2d 640, 642 , (4th Cir. 1966), and Marker v. Finch 322 F.Supp. 905, 910, fn 7 . (1971). {¶25} “‘The privilege of probation rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.’” Id. at ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990).

2011No. 93-L-080, citing Laws v. Celebrezze (4th Cir., 1966), 368 F.2d 640, 642 , and Marker v. Finch (D.C.Del.1971), 322 F.Supp. 905, 910, fn. 7 . {¶15} “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Bell (1990), 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 .

52006–2024
State v. Hylton green
ohioctapp · 1991
2 sentences

2008"Because a community control revocation hearing is not a criminal trial, the State does not have to establish a violation with proof beyond a reasonable doubt." Wolfson, Lawrence App. No. 03CA25, 2004-Ohio-2750 , at paragraph 7; see, also, *Page 4 State v. Payne , Warren App. No. CA2001-09-081, 2002-Ohio-1916 ; State v. Hylton (1991), 75 Ohio App.3d 778 , 782 , 600 N.E.2d 821 .

2008"Because a community control revocation hearing is not a criminal trial, the State does not have to establish a violation with proof beyond a reasonable doubt." Wolfson, Lawrence App. No. 03CA25, 2004-Ohio-2750 , at paragraph 7; see, also, *Page 4 State v. Payne , Warren App. No. CA2001-09-081, 2002-Ohio-1916 ; State v. Hylton (1991), 75 Ohio App.3d 778 , 782 , 600 N.E.2d 821 .

51999–2008
State v. Fears green
ohioctapp · 2018
2 sentences

2025DUJUAN RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN ENTERING HIS PLEA.” STANDARD OF REVIEW {¶12} The standard of review in cases involving the revocation of community control was discussed by this Court in State v. Fears, 2018-Ohio-1468 (5th Dist.): “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Ohly, 166 Ohio App.3d 808 , 2006-Ohio-2353 , 853 N.E.2d 675 (6th Dist.), ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist. 199

2025DUJUAN RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN ENTERING HIS PLEA.” STANDARD OF REVIEW {¶12} The standard of review in cases involving the revocation of community control was discussed by this Court in State v. Fears, 2018-Ohio-1468 (5th Dist.): “The privilege of probation rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.” State v. Ohly, 166 Ohio App.3d 808 , 2006-Ohio-2353 , 853 N.E.2d 675 (6th Dist.), ¶ 19, quoting State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist. 199

22025–2025
State v. McKnight green
ohioctapp · 1983
2 sentences

2025The trial court was under no obligation to do so. {¶13} It is within the trial court’s discretion to revoke community control where the defendant does not comply with its conditions. “‘“The privilege of probation [or community control] rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.”’” (Bracketed text in original.) Neubig at ¶ 15 , quoting State v. Russell, 2009-Ohio-3147 , ¶ 6 (11th Dist.), citing McKnight, 10 Ohio App.3d at 313 .

2025“Because a revocation hearing is not a criminal trial, the State is only required to introduce evidence showing it was more probable than not that the person on community control violated its terms or conditions.” Id., citing State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990), citing State v. Willis, 2005-Ohio-6947, ¶ 9 (5th Dist.).

12025–2025
State v. Swiger green
ohio · 1966
1 sentence

2024“Determination of the credibility of the witnesses is for the trier of fact.” Id., citing State v. Swiger, 5 Ohio St.2d 151, 156 , (1966).

12024–2024
Blakemore v. Blakemore green
ohio · 1983
2 sentences

2019Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶8} “The privilege of probation rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be 3 OHIO FIRST DISTRICT COURT OF APPEALS used to revoke the privilege.” (Emphasis added.) State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist.1990).1 {¶9} Oglesby contends that the trial court abused its discretion when it revoked his community control for both offenses because of his failure to pay the court costs, fines imposed, and the fee for the correcti

2019Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶8} “The privilege of probation rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be 3 OHIO FIRST DISTRICT COURT OF APPEALS used to revoke the privilege.” (Emphasis added.) State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist.1990).1 {¶9} Oglesby contends that the trial court abused its discretion when it revoked his community control for both offenses because of his failure to pay the court costs, fines imposed, and the fee for the correcti

12019–2019
State v. Kaimachiande green
ohioctapp · 2019
1 sentence

2019Logan No. 8-18-57, 2019-Ohio-1939, ¶ 33 . -6- Butler CA2018-10-203 CA2018-10-204 {¶ 20} "'The privilege of probation [or community control] rests upon the probationer's compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.'" State v. Russell, 11th Dist.

12019–2019
Bearden v. Georgia green
scotus · 1983
2 sentences

2019Beardon v. Georgia, 461 U.S. 660 , 672- 673, 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1993); Dockery at ¶ 14.

2019Beardon v. Georgia, 461 U.S. 660 , 672- 673, 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1993); Dockery at ¶ 14.

12019–2019
State v. Clark green
ohioctapp · 2013
1 sentence

2019Summit No. 26673, 2013-Ohio-2984, ¶ 5 . {¶12} “‘The privilege of probation [or community control] rests upon the probationer’s compliance with the probation conditions and any violation of those conditions may properly be used to revoke the privilege.’” (Alteration in original.) State v. Russell, 11th Dist.

12019–2019
State v. Patierno, 4-08-08 (2-2-2009) neutral
ohioctapp · 2009
1 sentence

2014Defiance No. 4-08-08, 2009-Ohio-410, ¶ 24 , quoting State v. Bell, 66 Ohio App.3d 52, 57 , 583 N.E.2d 414 (5th Dist.1990).

12014–2014

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.15 (9) OH § Ohio Rev. Code § 2929.14 (7) OH § Ohio Rev. Code § 2903.13 (4) OH § Ohio Rev. Code § 2911.12 (4) OH § Ohio Rev. Code § 2929.11 (4) OH § Ohio Rev. Code § 2929.19 (4) OH § Ohio Rev. Code § 2953.08 (4) OH § Ohio Rev. Code § 2925.11 (3) OH § Ohio Rev. Code § 2929.12 (3) OH § Ohio Rev. Code § 2929.16 (3) OH § Ohio Rev. Code § 2929.18 (3) OH § Ohio Rev. Code § 2951.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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