Does Legislation Mandating Post-Release Control With or Without Court Order Violate Constitution?
State of Ohio v. James C. Bloomer, Case no. 2007-0693 Fulton County State of Ohio v. Jeffrey Mosmeyer, Case no. 2007-1415 Hamilton County State of Ohio v. Marcus D. Barnes, Case no. 2007-1439 Portage County NOTE: Because this argument involves three separate cases that have been consolidated for consideration by the Court, each side has been granted 30 minutes for oral argument ISSUE: Is the separation of powers doctrine or the ban against ex post facto laws in the Ohio Constitution violated by 2006 legislation that: a) requires a trial court, without conducting a complete new sentencing hearing, to make a retroactive nunc pro tunc (“now for then”) journal entry that adds post-release control to an offender’s pre-2006 sentence in cases where the court mistakenly failed to include a mandatory term of post-release control in its original sentencing order and the offender has not yet completed his term of imprisonment; b) authorizes the Adult Parole Authority to impose post-release contro
