State v. Wiley

In State v. Wiley, 10th Dist. Nos. 03AP-362 & 03AP-363, 2003 Ohio 6835, the trial court denied the defendant's motion for ILC based on her "two previous failed attempts at treatment"; its belief that ILC would "demean the seriousness of the offenses"; and the "trust position she held as a nurse in our society." Wiley at P9. Wiley was employed at a nursing home and admitted to stealing prescription drugs on over 31 occasions. Id. at P4. Wiley had a 20-year history of drug use, had altered physician prescriptions, and had been declared a drug dependent person based on her psychological evaluation. Id. Without much additional analysis, the Tenth District affirmed the trial court's determination that Wiley occupied a position of trust and consequently denied her motion for ILC.