State v. Forsythe
996 N.E.2d 996
Ohio Ct. App.2013Background
- Forsythe, convicted in California (1995) of lewd act on a child and oral copulation of a person under 14, sentenced to five years, with lifetime California registration and annual address verification.
- Forsythe moved to Ohio (2002); registered in Stark County (2003) and was classified as a sexually oriented offender.
- Megan’s Law HB 393 (R.C. 2950.09(A)) applicable at registration; provided automatic classification as sexual predator for non-Ohio convictions where lifetime registration and quarterly verification apply.
- In 2007 Forsythe was reclassified in California; Ohio later narrowed enforcement after Bodyke (2010) holding the AWA reclassification provisions unconstitutional, reinstating prior classifications.
- In 2012 the Ohio AG reclassified Forsythe as a sexual predator under Megan’s Law; Forsythe sought exemption via a petition under R.C. 2950.09(F) arguing SB 5 changes apply or non-predator status.
- Trial court denied the petition in Nov. 2012 (nunc pro tunc Dec. 5, 2012); Forsythe appealed challenging lack of a hearing on the predator designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by classifying Forsythe as a sexual predator without a hearing. | Forsythe argues no hearing was required after SB 5; challenges classification under SB 5/Bodyke framework. | State contends automatic classification under SB 5 for out-of-state offenses and substantial equivalence to Ohio rape justified predator status without a hearing. | Yes, error: order reversed; hearing required under Pasqua/McMullen for SB 5-based petition. |
Key Cases Cited
- State v. Pasqua, 157 Ohio App.3d 427 (2004-Ohio-2992) (hearing warranted when offense deemed similar under F petition)
- State v. McMullen, 2012-Ohio-2629 (8th Dist. 2012) (hearing required when similar offenses found under F petition)
- State v. Lloyd, 132 Ohio St.3d 135 (2012-Ohio-2015) (substantial-equivalence test for out-of-state convictions; statute/record limited to determine equivalence)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA reclassification provisions unconstitutional; reinstates prior classifications)