Adam Parker’s Law Blog

Commentary on Criminal Law in Ohio

On Reconsideration, 8th District Reverses its Decision in State v. Young.

I previously covered the 8th District Court of Appeals’ decision in State v. Young, in which it ruled that the indefinite sentence imposed by the Regan Tokes Act applied in determining the maximum period of civil commitment for a defendant found not guilty by reason of insanity. On reconsideration, the 8th District vacated this opinion, […]

When is a Challenge to The Regan Tokes Law Ripe for Decision?

As I discussed in a prior post, the Regan Tokes Law adds an indeterminate, discretionary sentence to the minimum sentence for first- and second-degree felonies. Many defendants sentenced under this law have argued that the law unconstitutionally violates the separation of powers doctrine, by giving the department of corrections, rather than a court of law, […]