State v. Gingell, 128 Ohio St. 3d 444

Gingell was convicted in 1981 of three counts of rape and initially classified as a Megan's Law sexually oriented offender.
Under Megan's Law (2003 amendments), he had to verify his address annually for ten years; failure to register would have been a fifth-degree felony under former R.C. 2950.99.
In 2008, the General Assembly repealed Megan's Law and enacted the Adam Walsh Act (AWA); Gingell was reclassified as a Tier III offender under R.C. 2950.031 and 2950.032.
AWA required Tier III offenders to verify address every 90 days; failure to do so under current law would be a first-degree felony under R.C. 2950.99(A)(1)(a).
Gingell was indicted in 2008 for failing to verify (first count) and for address-change notice (second count); he pleaded guilty to the first count and was sentenced to eight years plus post-release control.
The First District rejected retroactivity of R.C. 2950.99; Gingell appealed to the Supreme Court, which later decided State v. Bodyke regarding AWA reclassification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bodyke applies to Gingell to reinstate Megan's Law classification	Gingell's reclassification was unconstitutional; Megan's Law classification should be reinstated.	Bodyke requires severance and reinstatement of Megan's Law obligations; AWA provisions should not govern him.	Bodyke governs; Megan's Law classification reinstated; 90-day AWA rule does not apply.
Whether the indictment for 90-day address verification was proper under the reinstated framework	Indictment valid under AWA reclassification.	Applying AWA sentencing/verification post-Bodyke is improper; cannot penalize under AWA.	Conviction vacated; reversal of the 90-day verification charge; liabilities remain under Megan's Law.

State v. Bodyke, 126 Ohio St.3d 266 (Ohio 2010) (reclassification under the AWA unconstitutional; severed from the Act; reinstates Megan's Law orders)