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STATE v. COOK

No. 97-1985.

83 Ohio St.3d 404 (1998)

THE STATE OF OHIO, APPELLANT, v. COOK, APPELLEE.

Supreme Court of Ohio.

Decided September 30, 1998.

Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, David M. Gormley and Kathleen S. Peterson, Assistant Attorneys General; and David E. Bowers, Allen County Prosecuting Attorney, for appellant.

Brian M. Fisher, for appellee.

Gray & Duning and Donald E. Oda II, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.

David H. Bodiker, Ohio Public Defender, and Robert L. Lane, Chief Appellate Counsel, urging affirmance for amicus curiae, Ohio Public Defender.

Jeffrey M. Gamso and Joan M. Englund, urging affirmance for amicus curiae, American Civil Liberties Union of Ohio Foundation, Inc.

LUNDBERG STRATTON, J.

Today we are presented with the questions of whether R.C. 2950.09(B), as applied to conduct prior to the effective date of the statute, is a retroactive law that violates Section 28, Article II of the Ohio Constitution, and whether R.C. Chapter 2950 is an ex post facto law prohibited by Section 10, Article I, United States Constitution. Because we find that R.C. Chapter 2950 is neither impermissibly retroactive nor an ex...

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