Hannah v. State
2011 Ohio 2930
Ohio Ct. App.2011Background
- Seven appellants challenged their AWA-based reclassifications under SB 10 in consolidated appeals.
- Ohio Supreme Court in Bodyke held the reclassification provisions unconstitutional and severed them, reinstating pre-AWA classifications.
- Appellants were previously Megan's Law sexually oriented offenders, with annual registration and no community notification.
- SB 10 replaced Megan's Law with a three-tier system; the AG reclassified appellants to Tier III with 90-day lifetime registration.
- Fisher, Kenney, and Wooten were classified by operation of law (not by judicial order), raising separation-of-powers questions.
- Court held Bodyke remedy applies to all offenders, including those classified by operation of law, and remanded to reinstate prior classifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| AWA separation of powers applicability | Hannah claims AWA reclassifications violate separation of powers. | State contends Bodyke remedy does not extend to all offenders. | Bodyke remedy applies to all offenders; reinstatement required. |
| Remand for reinstatement under Bodyke | Appellants seek reinstatement to pre-AWA classifications. | State argues petitions were properly dismissed. | Remanded to reinstate prior classifications and related orders. |
| Dismissal of petitions sua sponte and notice | Petitions were improperly dismissed without proper notice. | Court dismissed based on governing law. | Mooted after reversal; issue acknowledged but encompassed by remand. |
| retroactivity/ex post facto and related constitutional claims | Claims alleging retroactivity and other constitutional protections invalidate AWA. | State defends statutory scheme and classification. | Remaining issues deemed moot where Bodyke remedy governs. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio 2010) (reclassification provisions unconstitutional; severance and reinstatement remedy)
- Pierson v. State, 2010-Ohio-3060 (Ohio 2010) (reinstatement of prior classifications under Bodyke)
- Means v. State, 2010-Ohio-3082 (Ohio 2010) (Bodyke remedy extended to additional offenders)
- Hazlett v. State, 2010-Ohio-6119 (Ohio 2010) (Bodyke applied to pre-AWA classifications not judicially assigned)
- Robinson v. State, 2011-Ohio-1600 (Ohio 2011) (Bodyke-based reinstatement considerations)
- State v. Johnson, 2011-Ohio-2009 (Ohio 2011) (application of Bodyke principles to operation-of-law classifications)