State v. Manhart

Although I agree that the Supreme Court holding in State v. Weitbrecht (1999), 86 Ohio St.3d 368, 715 N.E.2d 167, is dispositive of the cruel and unusual punishment challenge to R.C. 2903.04(B), 1 I do not agree with this court’s disposition of the equal protection challenge.

In addressing the appellees’ equal protection arguments, the majority states that every Ohio appellate district that has addressed the arguments presented has declined to find a violation of equal protection. While this may indeed be true, it nevertheless fails to account for the fact that R.C. 2903.04(B) does violate…