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STATE EX REL. BRAY v. RUSSELL

Nos. 98-2694, 99-273 and 99-542.

89 Ohio St.3d 132 (2000)

THE STATE EX REL. BRAY, APPELLANT, v. RUSSELL, WARDEN, APPELLEE. HADDAD v. RUSSELL, WARDEN. WHITE, APPELLEE, v. KONTEH, WARDEN, APPELLANT.

Supreme Court of Ohio.

Decided June 14, 2000.

Attorney(s) appearing for the Case

David H. Bodiker, State Public Defender, Jill E. Stone and Alison M. Clark, Assistant State Public Defenders, for appellant Bray, appellee White, and petitioner Haddad.

Betty D. Montgomery, Attorney General, Edward B. Foley, pro hoc vice, State Solicitor, Todd R. Marti and Michele M. Schoeppe, Assistant Attorneys General, for appellant Konteh, and appellee and respondent Russell.

PFEIFER, J.

This case involves a facial challenge to the constitutionality of R.C. 2967.11, which was originally raised in the court of appeals by appellant Bray and appellee White, and in petitioner Haddad's petition for habeas corpus. We conclude that R.C. 2967.11 violates the constitutional doctrine of separation of powers. Accordingly, we need not address whether R.C. 2967.11 violates equal protection or due process.

This court has repeatedly...

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