R.C. 2929.11 Interpretation
In State v. Kalish, 120 Ohio St.3d 23, 2008 Ohio 4912, 896 N.E.2d 124, the Supreme Court of Ohio addressed the appropriate standard of review for appeals based on R.C. 2929.11 and 2929.12.
In Kalish, seven jurists agreed that the trial court's consideration of R.C. 2929.11 must be reviewed to determine if it is clearly and convincingly contrary to law.
If the judgment entry survived that test, a minority of jurists would then review the trial court's consideration of R.C. 2929.11 for an abuse of discretion.
As to R.C. 2929.12, seven jurists agreed that the trial court's journal entry must be reviewed to determine if the trial court considered R.C. 2929.12.
Such initial determination would be under the clearly and convincingly contrary to law standard.
If the trial court considered the R.C. 2929.12 factors, then the majority would apply an abuse of discretion standard to determine if the factors were supported by competent and credible evidence.