State v. Ware

Summary

The Ohio Fifth District Court of Appeals affirmed Abram Ware's convictions and sentences in two Richland County criminal cases. The court held that counsel was not ineffective for failing to present additional suppression-hearing evidence because the officers had reasonable suspicion to conduct an investigative stop. The court also rejected constitutional challenges to indefinite prison terms under the Reagan Tokes Act.

Holdings

1. Counsel was not ineffective because Ware failed to establish deficient performance and prejudice; the evidence presented at the suppression hearing, viewed under the totality of the circumstances, showed that officers had reasonable, articulable suspicion to conduct an investigative stop.
2. The Reagan Tokes Act does not violate the constitutional rights to trial by jury or due process, and does not violate separation-of-powers principles.

Questions Presented

1. Whether trial counsel was ineffective for failing to present Officer Jordan Moore's testimony and dash-camera footage at the suppression hearing to show that Ware was detained without reasonable suspicion.
2. Whether indefinite prison terms imposed under the Reagan Tokes Act, R.C. 2967.271, violate the jury-trial guarantee, separation-of-powers principles, or due-process protections under the federal and Ohio Constitutions.

Disposition

affirmed