State v. Alsip, 2013 Ohio 1452

Alsip was indicted on December 20, 2007 for four counts of rape, four counts of kidnapping, and two counts of gross sexual imposition, with alleged offenses between April 2002 and February 2004.
After a bench trial, the court convicted him of one count of gross sexual imposition, sentenced four years, and classified him as a Tier III offender under the Adam Walsh Act (SB10).
Alsip appealed his conviction; this court previously affirmed in 2011 and he did not raise the retroactivity issue then.
On March 12, 2012 Alsip moved to correct void judgment, arguing SB10 did not apply to his pre-enactment offense and Megan’s Law should govern classification.
On August 7, 2012 he again moved to vacate the unconstitutional classification; the trial court denied.
This court reversed, vacated the Tier III classification, and remanded for a classification hearing consistent with Williams and pre-SB10 law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether pre-SB10 offenses improperly classified under SB10 are void.	Alsip argues SB10 retroactivity violated the Ohio Constitution.	State contends SB10 governs classification regardless of timing.	Classification void; remand for hearing under pre-SB10 law.

State v. Williams, 129 Ohio St.3d 344 (Ohio Supreme Court 2011) (retroactivity of SB10 violates Ohio Constitution when offenses predate enactment)
State v. Palmer, 131 Ohio St.3d 278 (Ohio Supreme Court 2012) (pre-SB10 classifications should reflect law at time of offense)
State v. Bolton, 8th Dist. No. 96385, 2012-Ohio-169 (Ohio Court of Appeals 2012) (remand for classification consistent with Williams)
State v. Johnson, 2013-Ohio-136 (Ohio Court of Appeals 2013) (pre-SB10 classification considerations clarify retroactivity)
State v. Dillon, 2012-Ohio-773 (Ohio Court of Appeals 2012) (remand for appropriate classification per Williams)
State v. Vertock, 2012-Ohio-4283 (Ohio Court of Appeals 2012) (void SB10 classification for pre-enactment offenses)