Legal Opinion · Dissent

State v. Black

Ohio Supreme Court

Decided February 19, 2015No. Nos. 2013-0552 and 2013-0805Published

1DissentO’Donnell, J.

{¶ 58} Respectfully, I dissent.

{¶ 59} At issue in this case is whether the term “penal or correctional institution of a party state” in R.C. 2963.30 — Ohio’s codification of the Interstate Agreement on Detainers (“IAD”) — includes county jails. Unlike the majority, I do not believe that this term includes county jails. The plain language of the IAD, as codified in the statute, establishes that the term “penal or correctional institution of a party state” refers to a state penal or correctional institution.

Facts and Procedural History

{¶ 60} On August 2, 2010, in case No. 10-CRI-080, Ashland…

2Cases cited10 opinions

  1. Cuyler v. AdamsSupreme Court of the United States · 1981
  2. New York v. HillSupreme Court of the United States · 2000
  3. Carchman v. NashSupreme Court of the United States · 1985
  4. Wright v. StateIndiana Supreme Court · 1995
  5. State v. HairstonOhio Supreme Court · 2004

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