Mohammad v. State, 2012 Ohio 5517

Mohammad was convicted in 2008 for attempted gross sexual imposition under Megan's Law and classified as a sexually oriented offender required to report annually for 15 years.
SB 10 (AWA) enacted in 2008 reclassified him as a Tier I offender with lifetime 90-day address verification.
In 2009 Mohammad was indicted for failing to verify his address under the AWA; he pled guilty on March 30, 2010 and received a one-year sentence.
The Ohio Supreme Court decisions Bodyke (2010) and Williams (2011) held that AWA reclassification and retroactivity issues raised constitutional concerns.
On September 26, 2011 the trial court vacated Mohammad’s conviction and ordered his release; on January 5, 2012 he sought a declaration under R.C. 2743.48 as a wrongfully imprisoned individual; the trial court and then the state granted summary judgment against Mohammad.
Mohammad appealed the trial court’s summary-judgment ruling, arguing that a void guilty plea does not bar eligibility for compensation under R.C. 2743.48.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a void guilty plea can bar R.C. 2743.48 eligibility.	Mohammad: void plea has no legal effect and cannot bar compensation.	State: plea, even if void, precludes eligibility.	Void pleas do not bar eligibility; Mohammad may pursue 2743.48 relief.

Johnson v. State, 2012-Ohio-3964 (8th Dist. 2012) (affirms liberal treatment of void pleas for 2743.48 eligibility)
Ballard v. State, 2012-Ohio-3086 (8th Dist. 2012) (void plea reasoning for 2743.48 eligibility)
Dunbar v. State, 2012-Ohio-707 (8th Dist. 2012) (void plea reasoning for 2743.48 eligibility)
Moore v. State, 165 Ohio App.3d 538 (4th Dist. 2006) (remedial construction of 2743.48; void pleas effect explained)
State v. Bodyke, 126 Ohio St.3d 266 (2010) (AWA delegation to executive branch unconstitutional)
State v. Williams, 129 Ohio St.3d 344 (2011) (retroactivity of SB 10 reversed for pre-enactment offenses)