2011 Ohio 4074
Ohio Ct. App.2011Background
- In 1999, Fluharty was convicted of rape and designated a Megan's Law sexual predator.
- On January 1, 2008, the Adam Walsh Act (AWA) replaced Megan's Law, reclassifying offenders as Tier III with stricter duties.
- In 2010, Fluharty was indicted for failing to provide written notice of a change of address as a Tier III offender.
- A Bill of Particulars filed March 16, 2010 described the alleged address-change notice failure, referencing Tier III status.
- After the Bodyke decision (June 2010) held parts of the AWA unconstitutional, a superseding indictment was filed on June 11, 2010.
- The trial court dismissed the superseding indictment on August 19, 2010, prompting an appeal by the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal under Bodyke validity | Bodyke unconstitutional application defeats dismissal | Bodyke controls; reclassification unlawful | moot after ruling on other issues |
| Effect of Bodyke on R.C. 2950.05 related offenses | Bodyke leaves the statute intact for prosecutions | Bodyke severed provisions affecting classifications | moot after ruling on other issues |
| Whether the superseding indictment should be dismissed when the Bill of Particulars referred to Tier III rather than sexual predator | Bill of Particulars sufficiently apprised defendant of charges; amendments allowed | Amendment or reindictment not permitted under Bodyke framework | Third assignment sustained; dismissal improper; remand appropriate |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (rejection of retroactive AWA provisions as unconstitutional; reinstates Megan's Law judgments)
- State v. Buehner, 110 Ohio St.3d 403 (2006) (bill of particulars may serve to outline the crime charged)
- State v. Sellards, 17 Ohio St.3d 169 (1985) (bill of particulars elucidates conduct of the accused; informs defense)
- State v. Fowler, 174 Ohio St. 362 (1963) (purpose of bill of particulars and amendment standards)