State v. Figley, 2021 Ohio 2622

Appellant Ramsey Figley was indicted for felonious assault and domestic violence; he pled no contest to felonious assault per a plea agreement.
On October 30, 2019 the trial court imposed an indefinite Reagan Tokes sentence: minimum 8 years, maximum 12 years, and three years mandatory post-release control; the misdemeanor was dismissed per the plea deal.
Figley timely appealed, arguing Reagan Tokes is unconstitutional because it vests sentencing power in the Executive (ODRC) and denies access to counsel at ODRC disciplinary/release hearings.
The Sixth District panel noted controlling precedent holding constitutional challenges to Reagan Tokes are not ripe on direct appeal and must be brought after serving the minimum term and being denied release.
The court sua sponte placed the case on the accelerated calendar and dismissed the appeal as not ripe, citing State v. Maddox and related Sixth District decisions and acknowledging the Ohio Supreme Court certified the ripeness conflict.
Appellant was ordered to pay the costs of appeal; the court did not rule on the merits of the constitutional or due-process claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Reagan Tokes indefinite sentencing	Reagan Tokes unconstitutionally vests sentencing power in the Executive (ODRC) and violates separation of powers	Statute is subject to challenge but review on direct appeal is premature	Dismissed as not ripe; court follows Maddox line that review is only after minimum term served and denial of release
Right to counsel at ODRC disciplinary/release hearings	Figley claims denial of counsel at administrative/continuation hearings violates due process	State did not seek merits resolution; maintained challenge premature on direct appeal	Not reached on merits; dismissal for ripeness prevents review
Ripeness of constitutional challenge on direct appeal	Figley contends challenge is ripe now on sentencing appeal	Precedent requires claimant to serve minimum and be denied release before challenge is ripe	Court holds challenge is not ripe and dismisses appeal pending resolution after minimum term or Supreme Court guidance

State v. Maddox, 159 N.E.3d 1150 (Ohio 2020) (Ohio Supreme Court accepted certified question on ripeness of Reagan Tokes challenges)
State v. Velliquette, 160 N.E.3d 414 (6th Dist. 2020) (Sixth District decision applying ripeness rule to Reagan Tokes challenges)
State v. Sawyer, 165 N.E.3d 844 (6th Dist. 2020) (Sixth District decision holding similar appeals not ripe)