State v. Jackson
2021 Ohio 778
Ohio Ct. App.2021Background
- Van Maurice Jackson was indicted for attempted murder and two counts of felonious assault arising from a November 1, 2019 shooting; firearm specifications accompanied each count.
- Pursuant to a plea agreement Jackson pled guilty to felonious assault (R.C. 2903.11(A)(1)) and an accompanying three-year firearm specification; other charges were dismissed.
- At plea and sentencing the trial court explained the Reagan Tokes Law (R.C. 2967.271), including that Jackson received an indefinite term (6–9 years) consecutive to the mandatory 3-year firearm term and that ODRC may hold a hearing to rebut the presumption of release at the minimum term.
- Defense counsel stated on the record at sentencing that they would object and appeal on Reagan Tokes constitutionality grounds; the court noted the objection.
- Jackson appealed, arguing R.C. 2967.271 is unconstitutional because it permits ODRC—not the sentencing court—to justify extending incarceration beyond the trial court’s minimum sentence, allegedly violating due process.
Issues
| Issue | Jackson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether R.C. 2967.271 violates due process by allowing ODRC to extend incarceration beyond the court-imposed minimum without trial-court involvement | Jackson: Statute unlawfully lets ODRC, not the sentencing court, decide to keep an inmate past the minimum, denying due process (notice/hearing before sentencing court) | State: Jackson preserved the issue; statute provides notice and a hearing before ODRC; analogous to parole/probation revocation procedures; court previously rejected similar claims | Court: Issue preserved; statute affords required notice and hearing; ODRC proceedings analogous to revocation hearings and do not violate due process; statute upheld |
Key Cases Cited
- State v. Lowe, 112 Ohio St.3d 507 (Ohio 2007) (statutes presumed constitutional; challenger bears burden)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (due-process protections for parole revocation proceedings)
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (due-process requirements for probation revocation)
- Woods v. Telb, 89 Ohio St.3d 504 (Ohio 2000) (Ohio application of revocation/due-process principles)