Recently in Sex Offenders Category

May 14, 2012

State was too late to classify defendant as a sexual predator

A Henry County man was convicted of 2001 of gross sexual imposition. In 2003 a sexual offender classification was held. In 2011 the trial court classified the defendant as a sexual predator. The Court of Appeals for the Third Appellate District of Henry County reversed for two reasons. One, the trial court was divested of jurisdiction to classify the defendant as a sexual predator due to the unexplained delay in making the ruling. Two, the trial court lacked jurisdiction because the defendant had completed his sentence. State v. Miller, 2012-Ohio-2132.


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August 12, 2011

Failure to Notify Conviction Reduced

A defendant was convicted of rape in 2004 when Megan's Law was in effect. Since then the General Assembly passed the Adam Walsh Act (AWA) which drastically increased the burdens on convicted sex offenders. The Ohio Supreme Court decided in Bodyke that it was unconstitutional to impose the AWA restrictions on those sentenced when Megan's Law was in effect. This defendant failed to make notification of his change of address which would be a crime under Megan's Law or the AWA. He was convicted of a first degree felony under the AWA but the Second District Court of Appeals reversed that conviction and remanded the case for re-sentencing as a third degree felony since failure to notify was a third degree felony under Megan's Law. Read the decision here.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.

Contact me 24/7 by sending an email to ohiocriminalappealslawyer@gmail.com