Bundy v. State, 143 Ohio St. 3d 237

Bundy, initially classified under Megan’s Law, was required to verify his address annually; after reclassification under Ohio’s Adam Walsh Act (AWA) he was reclassified as Tier II and required to verify every 180 days.
Bundy failed to verify in March 2008, was convicted under R.C. 2950.06 and sentenced to prison; the conviction was later reversed after this court’s decision in Bodyke invalidated the AWA reclassification scheme.
On remand the state dismissed the AWA-related charge and Bundy was released; he then sought a declaratory judgment under R.C. 2743.48 that he was a “wrongfully imprisoned individual” eligible for compensation.
Bundy’s claim rested solely on R.C. 2743.48(A)(5)’s actual-innocence prong: he argued Bodyke rendered the predicate reclassification statute void ab initio, so the charged offense “was not committed.”
The trial court and Ohio Second District found for Bundy (relying on other appellate decisions), but this court granted review to decide whether invalidation of a statute alone satisfies R.C. 2743.48(A)(5).
The Supreme Court held that reversal of a conviction based solely on a statute’s constitutional invalidation does not satisfy the actual-innocence requirement of R.C. 2743.48(A)(5); Bundy cannot be declared wrongfully imprisoned for AWA-based incarceration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether invalidation of a statute on constitutional grounds means the charged offense "was not committed" under R.C. 2743.48(A)(5)	Bodyke voided the predicate statutes ab initio, so Bundy could not have committed the offense	Vacatur based on statutory invalidation does not establish factual innocence; statute reversal does not satisfy R.C. 2743.48(A)(5)	Reversal: invalidation alone does not meet the actual-innocence requirement; Bundy not a wrongfully imprisoned individual

State v. Bodyke, 126 Ohio St.3d 266 (2010) (AWA reclassification provisions violated separation of powers and were invalid)
Dunbar v. State, 136 Ohio St.3d 181 (2013) (vacation of a guilty plea does not render the plea nonexistent for R.C. 2743.48 eligibility)
Doss v. State, 135 Ohio St.3d 211 (2012) (reversal for insufficient evidence or acquittal does not establish actual innocence under R.C. 2743.48(A)(5))
Walden v. State, 47 Ohio St.3d 47 (1989) (an acquittal alone does not satisfy the wrongful-imprisonment actual-innocence standard)
Norton v. Shelby Cty., 118 U.S. 425 (1886) (invalid statutes may be treated as inoperative; discussed as limited and not dispositive here)
Ex parte Siebold, 100 U.S. 371 (1880) (an offense created by an unconstitutional statute is not a crime; cited in dissent)