In re C.P.
2013 Ohio 889
Ohio Ct. App.2013Background
- C.P. appealed after remand from the Ohio Supreme Court regarding JOR and community notification under R.C. 2950.11 and 2152.82.
- Trial court reclassified C.P. as a juvenile offender registrant (JOR) and Tier III sex offender/child-victim offender; imposed R.C. 2950.10 and 2950.11 community notification.
- Supreme Court held that automatic lifelong registration and notification for juvenile sex offenders violates cruel and unusual punishment and due process.
- On remand the court vacated the PRQJOR and reclassified discretionary JOR status under 2152.82 with the same sanctions.
- C.P. forfeited constitutional challenges by not raising them in trial court; the court declined plain-error review.
- Appellate court affirmed the judgment and overruled the two assignments of error, citing waiver/forfeiture rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was 2950.11 community notification unconstitutional as due process for juveniles? | C.P. argues 2950.11 violates juvenile due process. | State contends notification serves public safety under statute. | Waived; court declines to address on appeal. |
| Does JOR classification extend beyond juvenile court age jurisdiction violating due process? | C.P. argues sanction extends beyond age jurisdiction. | State asserts discretionary JOR within statutory framework. | Waived; court declines to address on appeal. |
Key Cases Cited
- State v. Awan, 22 Ohio St.3d 120 (1986) (waiver of constitutional arguments; discretionary plain-error review)
- State v. Childs, 14 Ohio St.2d 56 (1968) (timing of presenting constitutional issues matters)
- In re M.D., 38 Ohio St.3d 149 (1988) (discretionary waiver/plain-error considerations)
- Hill v. Urbana, 79 Ohio St.3d 130 (1997) (discretionary plain-error doctrine limitations)
- Barnes v. State, 94 Ohio St.3d 21 (2002) (Crim.R. 52(B) plain-error standard guidance)