State v. Riemer

Summary

The Ohio Court of Appeals, Eighth Appellate District, affirmed Hector Riemer’s indefinite sentence imposed under the Reagan Tokes Law. The court rejected his constitutional challenges to the law under its en banc precedent in State v. Delvallie and overruled his ineffective-assistance claim.

Holdings

1. The constitutional challenges to the Reagan Tokes Law were rejected, consistent with the Eighth District's en banc decision in State v. Delvallie.
2. Riemer's constitutional challenge was properly preserved because both the trial court and defense counsel raised the constitutionality of the Reagan Tokes Law at sentencing.
3. Riemer was not denied effective assistance of counsel because his constitutional argument was properly preserved for appeal, and he therefore could not establish deficient performance or resulting prejudice on the asserted theory.

Questions Presented

1. Whether the Reagan Tokes Law violates the United States and Ohio Constitutions by allegedly infringing the right to trial by jury, separation of powers, and due process.
2. Whether Riemer was denied effective assistance of counsel in connection with the constitutional challenge to the Reagan Tokes Law.

Disposition

affirmed