In re K.D.H., 2013 Ohio 2636

K.D.H., 15-year-old, was charged with rape and gross sexual imposition involving a 4-year-old victim.
Admitted delinquency to gross sexual imposition in 2011; disposition placed him at the Butler County Juvenile Rehabilitation Center.
July 30, 2012: rehabilitation release hearing; state sought Tier I classification, defense sought no registration; multiple exhibits admitted.
August 30, 2012: juvenile court classified appellant as a Tier II juvenile sex offender after considering R.C. 2152.83(D) and 2929.12 factors.
Appellant appealed, arguing the court erred in finding no genuine remorse, which would alter the tier classification.
Appellate court affirmed, holding the juvenile court did not abuse its discretion in classifying as Tier II based on all factors and credibility determinations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Remorse factor sufficiency for Tier II classification	K.D.H. argues lack of remorse weighs against Tier II.	Gmoser argues the court properly weighed remorse along with other factors.	Court did not err; remorse weighed among multiple factors and Tier II affirmed.

In re C.P., 131 Ohio St.3d 513 (2012-Ohio-1446) (tier placement within court's discretion; factors to consider)
In re Q.J., 2012-Ohio-4210 (2012-Ohio-4210) (tier determination discretionary; multiple factor test)
State v. Postway, 12th Dist. No. CA2002-06-154 (2003-Ohio-2689) (trial court credibility assessment favored; defer to court)
State v. Baker, 119 Ohio St.3d 197 (2008-Ohio-3330) (deference to trial court on remorse evaluation)
State v. Putnam, 2012-Ohio-4891 (2012-Ohio-4891) (remorse and other factors weighing in juvenile contexts)
State v. Benore, 2005-Ohio-2944 (2005-Ohio-2944) (judicial deference on behavioral assessments)
State v. Davis, 2004-Ohio-2076 (2004-Ohio-2076) (observer credibility in remorse determinations)
State v. Graham, Slip Opinion No. 2013-Ohio-2114 (2013-Ohio-2114) (remorse and overall factor analysis for tier status)