State v. Clemons
2012 Ohio 5362
Ohio Ct. App.2012Background
- Clemons was indicted in 2009 on eight counts of unlawful sexual conduct with a minor and two counts of rape of his daughter, with victims aged 13-14 and as young as 4.
- In 2010, Clemons was sentenced to 3 years on each of the eight counts and 10–25 years on the two rape counts, all consecutive, totaling 44–74 years, and he was classified as a Tier III sex offender under SB 10.
- On direct appeal, the court found the unlawful sexual conduct convictions should have been charged under the version of the statute in effect at the time, remanding to resentence as corruption of a minor with eight 17-month terms, still consecutive and designated Tier III.
- Upon remand, Clemons received a 31 years 4 months to 61 years 4 months sentence, with Tier III classification, and appealed again.
- Clemons’ sole assignment of error argued SB 10’s retroactive application violated Article II, Section 28 of the Ohio Constitution.
- Following Williams, the court remanded to classify Clemons under the law that existed at the time of his offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 10 is unconstitutional as retroactive when applied to offenses before enactment. | Clemons — SB 10 retroactive violates Ohio Constitution §28. | State — Williams does not permit retroactive relief; waiver applies. | Yes; Williams compels retroactive relief and remand to the pre-SB 10 framework. |
| Waiver whether Clemons forfeited retroactivity challenge by failing to raise it earlier. | Clemons did not raise this issue previously; Williams compels relief. | State — waiver applies per Awan, with discretionary limits. | Compelling reasons to consider Williams despite failure to raise previously. |
| Scope of remand: apply law in effect at time offenses were committed. | Remand to classify under pre-SB 10 law. | Apply current SB 10 framework. | Remand to classify under the law that existed at the time Clemons committed the offenses. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (SB 10 unconstitutional as applied to pre-enactment offenses (retroactivity))
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (waiver may be discretionary; plain-error considerations acknowledged)
- State v. Weaver, 2011-Ohio-6402 (Ohio 7th Dist. 2011) (relied on Williams to grant relief despite failure to raise issue below)
- State v. Franklin, 2009-Ohio-2664 (Ohio 10th Dist. 2009) (cases stayed pending Williams; later relief granted)