State v. Brown, 2022 Ohio 4640

Earnest Brown was indicted on multiple drug-related charges after controlled buys and search warrants produced currency and substances that lab tests showed contained cocaine and fentanyl. Several forfeiture specifications were included.
The state provided discovery, including the lab reports, in October 2020. Multiple pretrial hearings were held between November 2020 and October 2021.
Brown was incarcerated for a parole violation from February through July 2021, then released; the parties anticipated a change-of-plea no later than the final pretrial on October 19, 2021.
At the final pretrial Brown (through counsel) requested a continuance to obtain an independent drug analysis; the court denied the request as untimely and because discovery had long been provided.
Brown withdrew prior pleas and pleaded guilty to amended counts; the court imposed an aggregate sentence of 3 to 4.5 years under the Reagan Tokes Law and Brown appealed, advancing two assignments of error (denial of continuance; Reagan Tokes constitutionality).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of continuance to obtain independent drug analysis	Denial proper: case was over a year old, discovery (including lab reports) was provided, multiple pretrials, and defendant delayed requesting testing	Brown needed time after release from incarceration to obtain independent testing because state lab results (showing fentanyl) were incorrect	No abuse of discretion; denial affirmed — court relied on Unger continuance factors and found defendant delayed and gave no timeline or secured tester
Constitutionality of Reagan Tokes sentence	State: Reagan Tokes is constitutional; this court must follow Delvallie which upholds the statute	Brown: Indefinite sentence under Reagan Tokes violates right to jury trial, separation of powers, and due process	Rejected. Under this court’s en banc Delvallie precedent, Reagan Tokes is constitutional; sentence stands

State v. Unger, 423 N.E.2d 1078 (Ohio 1981) (sets multi-factor test for continuance motions and abuse-of-discretion review)
Ungar v. Sarafite, 376 U.S. 575 (1964) (due-process standard for continuance decisions)
State v. Bayless, 357 N.E.2d 1035 (Ohio 1976) (continuance and appellate deference principles)
Blakemore v. Blakemore, 450 N.E.2d 1140 (Ohio 1983) (defines abuse-of-discretion standard)
Musto v. Lorain Cty. Bd. of Revision, 71 N.E.3d 279 (Ohio 2016) (court need not assign particular weight to any single continuance factor)
State v. Delvallie, 185 N.E.3d 536 (8th Dist. 2022) (en banc Eighth District decision upholding Reagan Tokes; treated as controlling here)