State v. Eads
197 Ohio App. 3d 493
Ohio Ct. App.2011Background
- Eads was convicted after a bench trial of failing to verify his residence under R.C. 2950.06 and failing to notify the sheriff of a change of address under R.C. 2950.05, counts tied to prior rape offenses.
- The underlying offenses were two counts of rape, making them first-degree felonies under the current version of R.C. 2950.99.
- Eads moved to reinstate community-control sanctions, arguing SB 10 does not require a prison term for first-time failures to register/verify, given his felonies.
- The trial court imposed mandatory three-year prison terms on each count, stayed pending appeal.
- Eads challenged the conviction and sentence on grounds that his Tier III classification under SB 10 was unconstitutional as applied to him, and that retroactive application violated the Ohio Constitution.
- The court held that SB 10’s retroactive application to pre-enactment offenses violated the Retroactivity Clause and voided Eads’s Tier III classification, requiring vacatur of his convictions for failing to verify and notify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 10 may be applied retroactively to offenses committed before its enactment. | Eads argues Williams invalidates retroactive SB 10 application. | State argues res judicata bars retroactive challenge to classification. | SB 10 cannot be retroactively applied to pre-enactment offenses. |
| Whether Eads’s Tier III classification was unconstitutional as applied. | Eads contends SB 10 punishment applies to pre-enactment acts; classification void. | State relies on SB 10 validity and res judicata; classification stands absent Williams. | Tier III designation void; no valid basis to prosecute under SB 10. |
| Whether convictions for failing to verify and notify can stand after voiding the Tier III classification. | Convictions rely on unconstitutional classification. | Convictions could stand under Megan’s Law if applicable. | Convictions vacated; no Megan’s Law designation yet applied. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity of SB 10 violates the retroactivity clause when applied to pre-enactment offenses)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (severed SB 10 provisions; reinstated Megan’s Law classifications for pre-SB 10 offenders)
- State v. Gingell, 128 Ohio St.3d 444 (2011-Ohio-1481) (broad application of Bodyke; reinstates Megan’s Law classifications and blocks SB 10 regimes for pre-enactment offenses)