STATE v. WILLIAMS

No. 2008-2424.

126 Ohio St.3d 65 (2010)

2010-Ohio-2453

THE STATE OF OHIO, Appellant, v. WILLIAMS, Appellee.

Supreme Court of Ohio.

Decided June 8, 2010.


Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram and Melissa M. Ford, Assistant Prosecuting Attorneys, for appellant.

Anthony Comunale, for appellee.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Stephen P. Carney, Deputy Solicitor, and Jeffrey R. Loeser, Assistant Solicitor, urging reversal for amicus curiae, Ohio Attorney General.


CUPP, J.

{¶ 1} In this appeal we consider the constitutionality of R.C. 2945.39. This statute, along with its related statutes, authorizes a common pleas court to exercise continuing jurisdiction over a criminal defendant who has been charged with a violent first- or second-degree felony and who has been found incompetent to stand trial and remains so after the expiration of R.C. 2945.38's one-year time frame for restoring competency. R.C. 2945.39...

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