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State v. Simmons

Citations

  • 169 N.E.3d 728
  • 2021 Ohio 939

Syllabus

Reagan Tokes Law right to appeal constitutional challenges ripe for review separation-of-powers doctrine procedural due process. State has right to appeal sentence that did not impose indefinite sentence under Reagan Tokes Law. Reagan Tokes Law does not violate the separation-of-powers doctrine because the judicial branch imposes the indefinite sentence, and the executive branch does not have authority to increase the maximum sentence imposed Reagan Tokes Law does not violate procedural due process because it provides for notice of a hearing at which an inmate is allowed an opportunity to be heard.

Judges: Sheehan

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39 cases in this archive cite this case; the 20 most cited are listed.

Cites

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