Arias v. State
2017 Ohio 8961
| Ohio Ct. App. | 2017Background
- Victor Arias was convicted of rape in Kansas in 2003 and required to register for life as a sex offender; he later moved to Ohio.
- Under former R.C. 2950.09(A) (Megan’s Law), out-of-state offenders required to register for life were automatically classified as sexual predators in Ohio.
- Arias petitioned for reclassification under former R.C. 2950.09(F)(2) and moved to vacate the sheriff’s sexual-predator classification, alleging due-process, separation-of-powers, and right-to-travel violations.
- The trial court overruled Arias’s motion; he appealed to the First District Court of Appeals, which affirmed.
- The court treated the automatic classification as continuing an existing Kansas duty to register and emphasized that reclassification hearings under R.C. 2950.09(F)(2) provide notice and an opportunity to be heard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process of law | Arias: automatic classification by sheriff deprived him of liberty without due process; post-classification hearing insufficient | State: Arias was already under Kansas lifetime-registration; Ohio provides R.C. 2950.09(F)(2) hearing with burden and process | Automatic classification did not violate due process; reclassification hearing satisfies due process |
| Separation of powers | Arias: statute delegated judicial determination to sheriff, usurping judiciary | State: statute presumptively constitutional; sheriff’s automatic classification involves no exclusive judicial function and is subject to judicial review | No separation-of-powers violation; judicial review via R.C. 2950.09(F)(2) cures concerns |
| Right to travel | Arias: treating out-of-state entrants differently than in-state offenders burdens right to travel | State: Ohio has compelling interest in public safety; statute narrowly targets those already subject to lifetime registration elsewhere | No right-to-travel violation; statute narrowly tailored to protect public safety |
Key Cases Cited
- Logue v. Leis, 169 Ohio App.3d 356 (1st Dist. 2006) (reclassification hearing meets due-process notice-and-hearing requirements)
- Pasqua v. State, 157 Ohio App.3d 427 (1st Dist. 2004) (offender bears burden at reclassification hearing to show low risk)
- Matthews v. Eldridge, 424 U.S. 319 (1976) (framework for balancing due-process interests)
- Saenz v. Roe, 526 U.S. 489 (1999) (three components of right to travel)
- State v. Thompson, 92 Ohio St.3d 584 (2001) (presumption of constitutionality and interpretive rules)
- State v. Burnett, 93 Ohio St.3d 419 (2001) (compelling-interest test for laws affecting travel)