United States Sixth Circuit

In habeas proceedings, imposition of the same sentence upon a defendant following a remand for re-sentencing in light of State v. Foster, 845 N.E.2d 470 (Ohio 2006), is affirmed as, since defendant was always subject to consecutive rather than concurrent sentences in the discretion of the trial court, his re-sentencing under Foster did not raise ex post facto or due process concerns.

Appellate Information

• Decided 04/27/2010
• Published 04/27/2010

Judges

• Before MARTIN, SILER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Jill E. Stone, Law Office, Blacklick, Ohio, Spencer James Cahoon, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Diane Mallory, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.