State v. Carr, 2012 Ohio 5425

Carr was convicted in West Virginia for first-degree sexual assault in the 1980s and released in 2008.
Carr moved to Ohio in 2008 and was classified as a Tier III sex offender under S.B. 10.
He was charged in Ohio with failure to provide notice of a change of address under R.C. 2950.05.
The trial and indictment were consolidated under case 11 CR 220 with documents from 10 CR 117 deemed filed there.
The trial court convicted Carr, but the court of appeals later reversed based on retroactivity concerns under Williams.
The reversal remands for discharge, and Megan’s Law arguments were deemed not ripe.

Issue	Plaintiff's Argument	Defendant's Argument	Held
SB 10 retroactivity applied?	Carr argues SB 10 violates Ohio’s Retroactivity Clause.	State contends SB 10 appropriately classifies offenders post-enactment.	SB 10 as applied violates Retroactivity Clause; conviction reversed.
Validity of applying SB 10 to pre-enactment offender	Carr asserts pre-enactment offense cannot trigger SB 10.	State contends application is valid under statute.	Unconstitutional to apply SB 10 to pre-enactment offense; void classification.
Megan’s Law applicability moot?	Carr argues Megan’s Law applicability and related rights.	State notes no RIPE issue since not classified under Megan’s Law.	Moot as to Megan’s Law; not ripe for review.

State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (SB 10 retroactivity violates Ohio Constitution when applied to pre-enactment offenses)
State v. Eads, 197 Ohio App.3d 493 (2011-Ohio-6307) (classification void; improper predicate for conviction)
State v. McMullen, 2012-Ohio-2629 (2012-Ohio-2629) (recognizes SB 10 classification invalid for pre-enactment offenses)
State v. Hailes, 2012-Ohio-3111 (2012-Ohio-3111) (disagrees on retroactivity application in some pre-enactment cases)
State v. Brunning, 2011-Ohio-1936 (2011-Ohio-1936) (pending Supreme Court review on whether Megan’s Law can apply after SB 10)