State of Ohio v. Dean M. Klembus, Case No. 2014-1557

Eighth District Court of Appeals (Cuyahoga County)

ISSUES:

-Is the repeat OVI specification in R.C. 2941.1413(A) facially constitutional under the Equal protection clause of the U.S. and Ohio constitutions?

-When a defendant's conduct violates multiple criminal statutes, can the government prosecute under either, even when the two statutes prohibit the same conduct but provide for different penalties?