Legal Opinion
State v. Balwanz, 07 Be 20 (9-20-2007)
Ohio Court of Appeals
Decided September 20, 2007No. 07 BE 20PublishedCited by 8 opinions
1Opinion of the Court
OPINION
{¶ 1} Defendant-appellant Christopher Balwanz appeals from the April 3, 2007 sentencing entry entered in the Belmont County Common Pleas Court. The issue raised in this appeal is whether the Ohio Supreme Court's decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, which severed R.C. 2929.14(B)'s presumption of a minimum sentence for an offender who had not previously served a prison term, violates the ex post facto clause of the United States Constitution. For the reasons expressed below, the judgment of the trial court is affirmed.
STATEMENT OF THE CASE
{¶ 2} This is the fourth…
2Cases cited13 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. FosterOhio Supreme Court · 2006
- State v. ComerOhio Supreme Court · 2003
- In re Ohio Criminal Sentencing Statutes CasesOhio Supreme Court · 2006
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3Cited by8 opinions
- State v. Mayor, 07 Ma 177 (12-31-2008)Ohio Court of Appeals · 2008
- State v. Hawkins, 07 Je 14 (3-18-2008)Ohio Court of Appeals · 2008
- State v. Bunch, 06 Ma 106 (12-21-2007)Ohio Court of Appeals · 2007
- State v. Schandel, 07-Ca-848 (12-4-2008)Ohio Court of Appeals · 2008
- State v. Long, 07 Be 27 (3-18-2008)Ohio Court of Appeals · 2008
3 more not listed; retrieve them via the Exa API.