2022 Ohio 4549
Ohio Ct. App.2022Background
- On April 27, 2021, then-juvenile Carmello Glaze shot and killed Kirby Shoffner; he was arrested and bound over to adult court.
- Glaze was indicted on two counts of murder, two counts of felonious assault (with firearm specifications), discharge of a firearm on/near a prohibited premises, and having weapons while under disability.
- Pursuant to a plea agreement by bill of information, Glaze pled guilty to one count of involuntary manslaughter with a firearm specification and to the previously indicted counts for discharge on/near prohibited premises and having weapons while under disability; remaining counts and specs were dismissed.
- The parties agreed to an aggregate sentence of 18 to 23½ years; the trial court imposed that sentence (11–16½ years for manslaughter; consecutive 3-year firearm spec; consecutive 2-year terms for the other two counts) and ordered $3,000 restitution. Trial counsel did not object at sentencing.
- Glaze appealed, arguing (1) the Reagan Tokes Act’s indefinite-sentencing scheme violates due process, the right to jury trial, and separation of powers, and (2) trial counsel was ineffective for failing to object to those alleged constitutional violations.
- The appellate court affirmed, rejecting the constitutional challenges and holding counsel was not ineffective because the underlying claims lacked merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the Reagan Tokes Act (indefinite sentencing) | State: the statute is constitutional and permits the court to impose an indefinite term with ODRC review consistent with law | Glaze: the Act violates due process, the right to trial by jury, and separation of powers by allowing ODRC to extend confinement beyond the judicially imposed minimum | Court rejected Glaze’s constitutional challenges, citing controlling precedent that upholds the Act |
| Ineffective assistance for failure to object to Reagan Tokes | State: counsel was not ineffective because the challenges were meritless | Glaze: counsel was ineffective for failing to object to the statute’s constitutional defects | Court held counsel was not ineffective because the underlying Reagan Tokes claims lacked merit |
Key Cases Cited
- State v. Hall, 173 N.E.3d 166 (2d Dist. 2021) (rejected constitutional challenges to the Reagan Tokes Act)