State v. Campbell
2011 Ohio 2281
Ohio Ct. App.2011Background
- Campbell was originally classified as a Megan’s Law sexual predator after a 2004 sexual battery conviction.
- He was convicted in 2005 of failure to register, a third-degree felony, before reclassification occurred.
- The Attorney General later reclassified him as a Tier III offender under the Adam Walsh Act (AWA).
- In October 2009, Campbell was indicted on two counts: failure to register with a prior-conviction aggravator and tampering with records.
- A jury convicted him only on the failure-to-register count; sentencing followed in April 2010 to four years in prison.
- After State v. Bodyke and Gingell, this court held that reclassifications under the AWA could not serve as the predicate for Megan’s Law-era convictions, leading to reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can AWA reclassification be predicate for failure to register? | State contends reclassification is a valid predicate. | Campbell argues reclassification cannot justify the offense. | Reversed; predicate invalid under Bodyke/Page framework. |
| Does Gingell control the result here? | State relies on Gingell to sustain the conviction. | Campbell argues Gingell does not apply to these facts. | Page controls; Gingell inapplicable to this case. |
| Should conviction be vacated and remanded given post-Bodyke law? | State maintains conviction should stand under updated regime. | Campbell seeks reversal per Page/Bodyke lineage. | Conviction reversed, sentence vacated, remanded for further proceedings. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reinstates Megan’s Law judgments; cannot apply unlawful AWA reclassifications)
- State v. Page, No. 94369, 2011-Ohio-83 (8th Dist. 2011) (reasons similar to Bodyke; AWA-based conviction invalid when predicated on Megan’s Law order)
- State v. Patterson, 8th Dist. No. 93096, 2010-Ohio-3715 (8th Dist. 2010) (AWA reclassification cannot validate Megan’s Law-era conviction)
- State v. Jones, 8th Dist. No. 93822, 2010-Ohio-5004 (8th Dist. 2010) (similar reasoning re: AWA predicate failure)
- State v. Gingell, Slip Opinion No. 2011-Ohio-1481 (Ohio Sup. Ct. 2011) (reclassifications under Megan’s Law may not trigger AWA liability; limits on AWA applicability)