2013 Ohio 4113
Ohio Ct. App.2013Background
- Johnson pleaded guilty to three counts of sexual battery involving his minor step-daughter.
- The offenses occurred between 1996 and 1998, before Megan’s Law applicability, though Megan’s Law later applied for designation.
- He was sentenced in 2011 to a 15-year aggregate term and designated as a Tier III offender under the AWA.
- This Court previously reversed the Tier III designation and remanded to conduct a Megan’s Law designation hearing.
- A 2013 designation hearing designated Johnson as a Sexual Predator based on 2950.09 factors and supporting evidence.
- On appeal, Johnson challenges the sufficiency of evidence for the predator designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the predator designation is supported by clear and convincing evidence | Johnson argues evidence fails to show future offenses are likely | State asserts substantial evidence supports likelihood of recidivism | Designation affirmed; evidence supports likelihood of recidivism |
Key Cases Cited
- State v. Wilson, 113 Ohio St.3d 382 (2007-Ohio-2202) (civil manifest-weight standard for predator designation)
- State v. Robertson, 8th Dist. Cuyahoga No. 89367 (2007-Ohio-5704) (consider all relevant factors in 2950.09(B)(2))
- Cross v. Ledford, 161 Ohio St. 469 (1954) (clear and convincing standard defined)
- State v. Randall, 141 Ohio App.3d 160 (2001) (court may designate predator with limited factors if overall showings meet standard)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (trial court classification under contemporaneous statute; appellate guidance)