07/26/2023

Case Caption Case No. Topics and Issues Author Citation
State v. Hacker 2020-1496 & 2021-0532Criminal law—Sentencing—R.C. 2967.271—Due Process Clause of the Fourteenth Amendment—Sixth Amendment right to a jury trial—Separation-of-powers doctrine—The Reagan Tokes Law is not void for vagueness, and it is not facially unconstitutional, because (1) it provides that offenders receive a hearing before the Department of Rehabilitation and Correction (“DRC”) may extend their prison sentence beyond the minimum but within the maximum term imposed by the trial court, (2) the right to a jury trial is not implicated since no determination by the DRC at the hearing changes the sentence range prescribed by the legislature and imposed by the trial court, and (3) the authority it gives the DRC to extend an offender’s prison sentence beyond the minimum but within the maximum range imposed by the trial court does not exceed the power given to the executive branch of the government and does not interfere with the trial court’s discretion when sentencing the offender.Deters, J.Slip Opinion No. 2023-Ohio-2535
State ex rel. Ware v. Parikh 2022-0543Mandamus—Public-records requests—Appellant received the records he is entitled to seven business days after mandamus filed—Multiple communications requesting public records construed as one public-records request—Court of appeals’ judgment denying writ affirmed and $700 in statutory damages awarded.Per CuriamSlip Opinion No. 2023-Ohio-2536
07/26/2023 Case Announcements  Merit decisions with opinions—Motion and procedural rulings—Disciplinary cases—Mediation matters.