Legal Opinion · Concurrence

State, Ex Rel. Corrigan v. Barnes

Ohio Court of Appeals

Decided April 19, 1982No. 44926Published

1ConcurrenceMarkus, J.

In my view, the key questions presented here are: (a) whether R.C. 2961.01 imposes punishment for criminal conduct rather than establishing qualifications for public office, and (b) whether the version of R.C. 2961.01 in effect in 1954 applied to Ohio federal court convictions. If R.C. 2961.01 is penal in nature, its terms cannot be applied retroactively to impose punishment for conduct preceding its effective date of January 1,1974, for the reasons stated by the majority opinion. Further, if R.C. 2961.01 is penal and the version in effect in 1954 did not impose disqualification from public…

2Cases cited10 opinions

  1. City of Mentor v. GiordanoOhio Supreme Court · 1967
  2. State v. ConleyOhio Supreme Court · 1947
  3. Wells v. SacksOhio Court of Appeals · 1962
  4. Clymer v. ZaneOhio Supreme Court · 1934
  5. State v. WilsonOhio Court of Appeals · 1978

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