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CLEVELAND v. BERGMAN

No. 2000 CRB 049411.

111 Ohio Misc.2d 16 (2001)

CITY OF CLEVELAND v. BERGMAN.

Cleveland Municipal Court, Ohio, Cuyahoga County.

Decided January 29, 2001.

Attorney(s) appearing for the Case

Lauren C. Moore, Chief City Prosecutor, and James McGowan, Assistant City Prosecutor, for the city.

Kenneth J. Rexford, Legal Aid Society of Cleveland, for defendant.

RONALD B. ADRINE, Judge.

This matter came on for hearing on the defendant's Crim.R. 12(B) motion to dismiss the complaint filed against him on constitutional grounds.

This court first notes that there is a strong presumption of constitutionality for enactments of the legislature. State v. Anderson (1991), 57 Ohio St.3d 168, 171, 566 N.E.2d 1224, 1226. In order to prevail, therefore, the party challenging a...

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