State v. Edwards

2008 Ohio 1831 · Ohio Court of Appeals, Eighth Appellate District · April 17, 2008 · No. 89823

Summary

The court affirmed the consecutive sentence imposed on Morris Edwards after resentencing. Edwards argued that applying State v. Foster retroactively violated due process and the ex post facto clause, but the court rejected this argument based on prior precedent.

Holdings

  1. This court has repeatedly held that applying the remedial holding in Foster to a criminal defendant does not violate his due process rights or ex post facto principles.

Questions Presented

  1. Whether the trial court erred by applying State v. Foster to resentence Edwards for crimes committed before that decision, in violation of due process and the ex post facto clause.

Disposition

affirmed

Cases Cited (8)

  • State v. Edwards, Cuyahoga App. No. 87587, 2006-Ohio-5726(relied_on)
  • State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856(followed)
  • State v. Mallette, Cuyahoga App. No. 87894, 2007-Ohio-715, discretionary appeal not allowed, 115 Ohio St.3d 1439, 2007-Ohio-5567(cited)
  • State v. Humphrey, Cuyahoga App. No. 89476, 2008-Ohio-685(cited)
  • State v. Hibbitt, Cuyahoga App. Nos. 89497 89885, 2008-Ohio-680(cited)
  • State v. Dawson, Cuyahoga App. No. 88485, 2007-Ohio-2761(cited)
  • State v. Stokes, Cuyahoga App. No. 88939, 2007-Ohio-5063(cited)
  • State v. Velasquez, Cuyahoga App. No. 88748, 2007-Ohio-3913(cited)

Cited In (0)

No citing cases on record yet.

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