Cook v. Ohio
950 N.E.2d 216
Ohio Ct. App.2011Background
- Cook appeals the trial court's dismissal of his petition for reclassification under R.C. 2950.031 and 2950.032.
- Cook was convicted of rape in 1992 in Cuyahoga County, Ohio.
- In 2007 a hearing determined Cook was a sexually oriented offender, not a sexual predator.
- That same year the Ohio Attorney General reclassified him as a Tier III offender, subject to community notification; Cook filed a petition and a stay of notification was granted.
- In June 2010, the Ohio Supreme Court held the mandatory reclassification provisions unconstitutional and severed portions of the statutes; Bodyke affected petition-contest relief.
- The trial court dismissed Cook's petition, treating Bodyke as granting him the relief he sought, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissing the petition as moot after Bodyke was proper | Cook was entitled to the Bodyke relief; dismissal was premature. | Bodyke severed 2950.031/032; no relief via petition-contest. | Reversed; remanded to reinstate Cook's classification as determined by the trial court. |
| Whether the severance and Bodyke relief require reinstatement of prior classification | Bodyke affording relief to those petitioning before the decision requires reinstatement. | Severance bars petition-contest relief; full hearing may be required if any validity remains. | We follow Bodyke and grant relief; reinstate the classification. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio Supreme Court, 2010) (severed 2950.031 and 2950.032; unconstitutional mandatory reclassification)
- Chojnacki v. Cordray, 126 Ohio St.3d 321 (Ohio Supreme Court, 2010) (severance of statute; no right to trial counsel in petitions following filing)