Nelson v. State
2012 Ohio 364
Ohio Ct. App.2012Background
- Nelson, convicted in North Carolina in 1977 of an offense deemed substantially equivalent to Rape, moves for relief from retroactive application of SB 10 (AWA).
- Nelson has lived in Cuyahoga County and registered as a sex offender under prior Ohio law, receiving a 2007 OAG notice reclassifying him under AWA starting January 2008.
- In August 2008, the trial court issued a preliminary injunction barring enforcement of AWA against Nelson pending further order.
- In July 2010, Nelson moved for summary judgment; the trial court granted him relief on May 31, 2011.
- The State appeals with two assignments of error arguing (i) no separation of powers violation from retroactive AWA application, and (ii) no Retroactivity Clause violation; the State concedes the first issue has been resolved against it by precedent.
- The Court of Appeals affirms, holding the AWA, as applied to Nelson, violates the Retroactivity Clause and overrules the State’s assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive AWA and separation of powers | Nelson argues retroactivity violates separation of powers. | State contends no separation-of-powers violation under current law. | Overruled; separation-of-powers issue resolved against State |
| Retroactive application under Ohio Retroactivity Clause | Nelson contends AWA cannot be applied retroactively to him. | State argues retroactive application is permissible. | Affirmed: AWA as applied to Nelson violates Ohio Retroactivity Clause |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA interferes with judicial power by reopening final judgments; includes judgments by other states)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity of AWA as applied to pre-enactment offenders)
- Mestre, 8th Dist. No. 96720 (2011-Ohio-5677) (discussion of final judgments and retroactivity in district court)
- Goggans v. State, 8th Dist. Nos. 96857-96862 (2011-Ohio-5932) (retroactivity and Bodyke framework in the Eighth District)
- Ortega-Martinez, 8th Dist. No. 95656 (2011-Ohio-2540) (addressed retroactivity/Bodyke issues in out-of-state offenders)