State v. Dillon
2012 Ohio 773
Ohio Ct. App.2012Background
- State v. Dillon, 2012-Ohio-773, Fifth Appellate District, Muskingum County.
- Dillon was convicted by jury of burglary (second degree), kidnapping (first degree), attempted murder (first degree), and rape (first degree) for crimes on March 13, 2007.
- Sentenced May 30, 2008 to life without parole plus 28 years; classified as a Tier III sex offender under SB 10/Adam Walsh Act.
- Dillon moved October 31, 2011 for resentencing arguing SB 10 retroactively applied violates Ex Post Facto; cites Williams (2011-Ohio-3374).
- Trial court denied the motion on November 1, 2011; this court reverses and remands for classification hearing under law in effect at the time offenses were committed.
- Court reverses and remands for limited proceedings to classify Dillon under pre-SB 10 law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of SB 10/Adam Walsh Act violates Ex Post Facto | Dillon contends offenses predate enactment; retroactive classification void | State argues SB 10 applies retroactively | Classification void; remanded for hearing under pre-SB 10 law |
Key Cases Cited
- State v. Williams, 2011-Ohio-3374 (Ohio Supreme Court 2011) (retroactive application of SB 10 violates Ex Post Facto)
- State v. Eads, 2011-Ohio-6307 (Ohio Court of Appeals 2d Dist. 2011) ( affirms Williams; retroactive application void)
- State v. Bodyke, 2010-Ohio-2424 (Ohio Supreme Court 2010) (severs reclassification provisions; cannot administratively reopen final judgments)
- State v. Gingell, 2011-Ohio-1481 (Ohio Supreme Court 2011) (applies Bodyke to reclassification; reinstates original Megan's Law classification)