2022 Ohio 816
Ohio Ct. App.2022Background:
- Defendant Sean Corrigan pleaded guilty to involuntary manslaughter (1st-degree), attempted murder (1st-degree), and felonious assault (2nd-degree), each with a firearm specification.
- The trial court refused to sentence Corrigan under S.B. 201 (the "Reagan Tokes Law"), concluding the statute was unconstitutional (citing State v. Oneal).
- The State appealed the refusal to apply Reagan Tokes, arguing the statute is constitutional and that the primary constitutional challenges involve jury-trial rights, separation of powers, and due process.
- While the appeal was pending, this court issued an en banc decision in State v. Delvallie upholding the Reagan Tokes Law.
- Because the panel was bound by Delvallie, the court sustained the State’s assigned error, reversed the trial court’s judgment, and remanded for resentencing under the Reagan Tokes Law.
- Two judges noted they would have found the Reagan Tokes Law unconstitutional; Presiding Judge Laster Mays wrote she was constrained to follow Delvallie and provided a separate analysis in that case.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury-trial right | State: statute doesn't violate the right to jury trial | Corrigan: post-sentencing extension/increase infringes jury role | Court: statute upheld; no jury-trial violation under Delvallie |
| Separation of powers | State: law's review mechanism is within judicial/legislative bounds | Corrigan: executive or judicial function improperly delegated | Court: separation-of-powers challenge rejected under Delvallie |
| Due process | State: procedures for sentence review satisfy due process | Corrigan: indeterminate maximum and review process lack fair notice/procedural safeguards | Court: due-process challenge rejected under Delvallie |
| Resentencing remedy | State: trial court must impose Reagan Tokes sentence | Corrigan: trial court refused based on unconstitutionality | Court: reversed and remanded for resentencing under Reagan Tokes |
Key Cases Cited
- State v. Delvallie, 173 N.E.3d 544 (8th Dist. 2021) (en banc decision upholding the constitutional validity of the Reagan Tokes Law)