State v. Harrison, 2011 Ohio 6803

Nigel Harrison pled guilty to failure to register under R.C. 2950.05(B)(F)(2), a first-degree felony, and received a three-year sentence.
Harrison petitioned the trial court to vacate or set aside sentence, invoking Bodyke and related amendments.
The trial court and State litigated multiple motions, including a post-conviction relief petition and requests to strike and dismiss.
The court concluded Harrison’s post-conviction petition was untimely but found issues with retroactive penalties under the Adam Walsh Act.
The court held Harrison remains a sexual predator subject to registration under the reclassified regime, and noted Chessman concerns about penalties for non-address information.
The appellate court ultimately held Harrison’s sentence void and remanded to resentence, with a dissent addressing retroactivity and finality.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is a penalty for 2950.05(B)(F)(2) lacking in 2950.99	Harrison argues no penalty exists for that subsection, rendering conviction void.	State contends proper charging under 2950.05(A) and that Chessman does not apply to this count.	Second assigned error overruled; no voidable judgment due to lack of penalty for the specific subdivision.
Whether the post-conviction petition should be treated as 2953.21/2953.23 relief or as a void-sentence motion	Harrison seeks post-conviction relief and void-sentence relief under applicable statutes.	State argues untimely petition; proper route was post-conviction relief under 2953.21/2953.23.	First and third assignments sustained; sentence deemed void; remanded to resentence.
Whether retroactive application of Adam Walsh Act penalties violates the Retroactive Laws clause	Williams retroactivity would require reversing sentence under retroactive-law principles.	State argues authority to apply amendments to offenders, as previously interpreted.	Remand for resentence; majority concludes void sentence; but postures around retroactivity are addressed in dissent.

State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reclassifications under Adam Walsh Act reinstated after Bodyke judgment)
State v. Chessman, 188 Ohio App.3d 428 (2010-Ohio-3239) (no penalty for failure to notify phone number under 2950.05(D))
State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity of Adam Walsh Act penalties violates Ohio Constitution)
State v. Holcomb, 184 Ohio App.3d 577 (2009-Ohio-3187) (void-sentence analysis and resentence when lowest-void sentence issues arise)
State v. Boswell, 121 Ohio St.3d 575 (2009-Ohio-1577) (vacating void sentence and resentencing when postconviction relief challenges)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (scope of void or voidable portions of a sentence when statute is contrary)