State v. Gilmer

Citations

• 2022 Ohio 821

Syllabus

Reagan Tokes Act separation-of-powers due process ineffective assistance of counsel. The Reagan Tokes Act is constitutional because it does not violate the separation-of-powers doctrine or appellant's due process rights. Based on the authority established by this district's en banc holding in State v. Delvallie, 8th Dist. Cuyahoga No. 109315, 2022-Ohio-470, the challenges appellant advanced against the constitutional validity of the Reagan Tokes Law have been overruled. The appellant's trial counsel's performance was not deficient by not raising a constitutional challenge to Reagan Tokes.