In re Bruce S.
134 Ohio St. 3d 477
| Ohio | 2012Background
- Case: In re Bruce S., 134 Ohio St.3d 477 (2012).
- Offense occurred Sept. 1, 2007; would be rape if adult.
- Juvenile adjudicated delinquent Nov. 25, 2008; classified Tier III under S.B.10.
- First District reversed classification and certified question to Supreme Court.
- Court adopts Cox rule; holds S.B.10 cannot be applied to offenses committed between July 1, 2007 and Dec. 31, 2007.
- Judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 10 may be applied to offenses before 1/1/2008. | State: SB 10 applies based on enactment; transition period warranted. | Bruce: retroactive application violates statute/constitution. | No retroactive application for 2007 offenses. |
| Which date controls for applicability—enactment vs effective date? | Enactment date governs. | Effective date governs to prevent hiatus. | January 1, 2008 effective date controls; offenses in 2007 not subject to SB 10. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity prohibition for SB 10 as applied to pre-enactment offenses)
- Cox v. Ohio Dept. of Transp., 67 Ohio St.2d 501 (1981) (repealing clause takes effect with amended section to avoid hiatus)
- State v. Ferguson, 120 Ohio St.3d 7 (2008-Ohio-4824) (presumption of legislator awareness of prior interpretations)
- Clark v. Scarpelli, 91 Ohio St.3d 271 (2001-Ohio-) (recognizes judicial notice of prior interpretations in amendments)