Cleveland v. Cornely

Citations

• 2021 Ohio 689

Syllabus

Community control sanctions abuse of discretion Jones three-prong test. Although a trial court is granted broad discretion in imposing community control sanctions, the trial court's discretion \is not limitless.\ We find the imposed indefinite condition, though seemingly well-intentioned, designed to both rehabilitate and protect society, is not reasonable or appropriate and therefore falls short on the Jones three-prong test. The resultant indefinite separation of father from children also impinges upon the \fundamental liberty interest\ parents have in the care, custody, and management of their children. Consequently, we are constrained to find that the trial court abused its discretion in imposing, and later denying, the motion to modify the indefinite condition. In so finding, we are cognizant of a trial court's desire, when fashioning community control sanctions, to strike the proper balance in protecting the parties involved. Nonetheless, we find nothing in the record that would support the indefinite no-contact order, which has now separated a once totally involved father from his children for more than two years.