State v. Delvallie

Citations

• 173 N.E.3d 544
• 2021 Ohio 1809

Syllabus

Reagan Tokes Law constitutional challenges ripeness for review separation of powers doctrine procedural due process substantive due process void-for-vagueness doctrine. The issue is ripe for review. The law is unconstitutional. The law allows the executive branch to act as judge, prosecutor, and jury which violates the separation of powers doctrine. The law is facially void-for vagueness because it: does not provide fair and understandable notice of what behavior is prohibited gives the Ohio Department of Rehabilitation and Correction unfettered enforcement authority and fails to preclude discriminatory enforcement and fails to protect the unreasonable violation of constitutionally protected freedoms.