State v. Oller

Citations

• 2017 Ohio 7575

Syllabus

The language contained in former R.C. 2929.14(D)(2)(b)(i) and (ii) was severed by State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 71-78, paragraph five of the syllabus. Those same provisions were duplicated in newly enacted R.C. 2929.14(B)(2)(a)(iv) and (v) shortly after Foster was decided. Yet because the General Assembly did not announce a specific intent to reenact the provisions, they remain severed by Foster and currently have no legal effect. But Foster's holding in regard to the content of those divisions has since been undermined by Oregon v. Ice, 555 U.S. 160, 168-72 (2009) and State v. Hunter, 123 Ohio St.3d 164, 2009-Ohio-4147. Thus we note that the General Assembly could now constitutionally reenact R.C. 2929.14(B)(2)(a)(iv) and (v) if it chose to explicitly do so.