State v. Hill, 2021 Ohio 2647

Gary M. Hill was indicted on 14 counts (including rape and gross sexual imposition) arising from sexual abuse of four minor victims over ~two decades; many non-sex counts were later dismissed.
Pursuant to a plea agreement, Hill pled no contest to one count of rape and three counts of gross sexual imposition; remaining counts and specifications were dismissed.
The trial court held a joint sex-offender classification and sentencing hearing and designated Hill a "sexual predator" under former Megan’s Law for three convictions and a Tier 1 offender under the Adam Walsh Act for another count, then imposed an aggregate 14½-year prison term.
Hill appealed the Megan’s Law sexual-predator designation, arguing the state failed to prove by clear and convincing evidence he is likely to reoffend, and that the court erred in (1) finding no evidence of mental illness and (2) down-weighting his limited prior criminal history.
The appellate court applied the civil manifest-weight standard (giving deference to trial-court fact findings and requiring clear-and-convincing proof) and reviewed the trial court’s consideration of the statutory factors under former R.C. 2950.09(B)(3).
The court affirmed, finding competent, credible evidence (victims’ ages, multiple victims, abuse of trust, sexual acts, threats, lack of remorse, pattern/cruelty) supporting the sexual-predator classification.

Issue	State's Argument	Hill's Argument	Held
Whether the trial court erred in adjudicating Hill a "sexual predator" under former Megan's Law	The State: clear-and-convincing evidence showed likelihood of future sexually oriented offenses based on victims' ages, multiple victims, nature of acts, threats, pattern and lack of remorse	Hill: trial court ignored evidence of his mental-health issues and improperly discounted his minimal criminal history and absence of prior sex convictions/treatment	Affirmed: court found competent, credible evidence supports the sexual-predator finding; no requirement to list or weigh each statutory factor, and mental-health or lack of prior sex convictions did not undermine the result

State v. Bodyke, 126 Ohio St.3d 266, 933 N.E.2d 753 (Ohio 2010) (Adam Walsh Act retroactivity and applicability of Megan's Law)
State v. Cook, 83 Ohio St.3d 404, 700 N.E.2d 570 (Ohio 1998) (Megan's Law classification scheme)
State v. Wilson, 113 Ohio St.3d 382, 865 N.E.2d 1264 (Ohio 2007) (burden of proof and clear-and-convincing standard; deference to trial court)
State v. Eppinger, 91 Ohio St.3d 158, 743 N.E.2d 881 (Ohio 2001) (definition of "sexual predator")
Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (Ohio 1954) (definition of "clear and convincing evidence")
State v. Ingram, 82 Ohio App.3d 341, 612 N.E.2d 454 (Ohio Ct. App. 1992) (clarifying relative standard of proof)
State v. Randall, 140 Ohio App.3d 160 (Ohio Ct. App. 2000) (totality of circumstances may support predator finding even if only a few statutory factors present)
C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (Ohio 1978) (civil manifest-weight/sufficiency standard: "some competent, credible evidence")