2012 Ohio 1954
Ohio Ct. App.2012Background
- Kempson, a Michigan sex offender, moved to Ohio after completing prior punishment.
- He was indicted in 2009 for failing to verify his address under the Adam Walsh Act (AWA) in CR-526019; pleaded guilty to attempted verification of current residence address and received two years of community control.
- In 2010 he was indicted in CR-545099 for failing to provide notice of change of address; pleaded guilty and received two years of community control.
- In August 2011 Kempson moved to withdraw his guilty pleas; the trial court granted the motions, vacated pleas and sentences, and dismissed both cases.
- The State appealed, arguing the trial court erred by vacating the pleas and dismissing, based on the premise that out-of-state offenders are subject to the AWA and related reclassification.
- The court of appeals held that reclassification under the AWA for out-of-state offenders was unconstitutional under Bodyke and Williams, and affirmed dismissal of the cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AWA reclassification is unconstitutional for out-of-state offenders | State argues Bodyke/Williams apply to out-of-state offenders | Kempson contends reclassification is valid for AWA offenses | First assignment overruled; Bodyke/Williams apply to out-of-state offenders |
| Whether vacating pleas was proper where reclassification under the AWA was unlawful | State contends reclassification invalidates convictions, so vacating proper | Kempson argues no improper basis to vacate since duties were Megan’s Law-related | Second assignment overruled; convictions voided due to unlawful reclassification |
| Whether dismissal was proper given the underlying charges under Megan’s Law | State asserts continued duty to register under Megan’s Law supports dismissal | Kempson maintains duties under Megan’s Law do not sustain a valid conviction after unlawful reclassification | Third assignment overruled; dismissal affirmed as reclassification unlawful |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (reclassification provisions unconstitutional; sever; reinstatement of prior classifications)
- State v. Williams, 129 Ohio St.3d 344 (2011) (SB 10 retroactivity limits; applies to pre-enactment offenses)
- State v. Gingell, 128 Ohio St.3d 444 (2011) (vacates address-verification conviction when based on unlawful reclassification)
- State v. Palmer, 131 Ohio St.3d 278 (2012) (trial court may dismiss indictment if chapter’s regulations do not apply)