State v. Lloyd
2012 Ohio 2015
Ohio2012Background
- Lloyd, a Texas convict, was convicted in 1995 of aggravated sexual assault and moved to Ohio in 2005, registering as a sexually oriented offender.
- In 2008 Lloyd was reclassified to Tier III and last registered in May 2008 in Auglaize County.
- Lloyd moved to Holmes County in June 2008 and was arrested June 12, 2008 for failure to register.
- April 7, 2009, a bench trial convicted him on three charges: failure to register in Holmes County, failure to provide 20 days’ notice to Holmes County, and failure to notify Auglaize County before moving.
- The Fifth District affirmed two convictions but vacated one, holding the Texas offense was equivalent to rape and that Lloyd had a duty to register in Texas; the Ohio Supreme Court later reversed the convictions for failure to prove Texas duty to register at move to Ohio.
- The Supreme Court held Texas aggravated sexual assault is substantially equivalent to Ohio rape, but that the state failed to prove Lloyd’s Texas duty to register at the time he moved to Ohio, so the convictions must be set aside.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Lloyd's Texas offense substantially equivalent to Ohio rape for registration purposes? | State: Texas offense substantially equivalent to rape. | Lloyd: Substantial equivalence must be determined narrowly by elements. | Yes; Texas aggravated sexual assault is substantially equivalent to rape under Ohio law. |
| What is the appropriate sanction for Lloyd’s registration violation given the substantial equivalence? | State: First-degree felony because rape is a first-degree offense. | Lloyd: Apply a narrower comparable-offense test leading to lower classification. | Registration violation classified as a first-degree felony (since rape is a first-degree felony in Ohio). |
| Did the State prove Lloyd had a Texas duty to register when he moved to Ohio? | State: Duty established by Texas status at move; evidence sufficient. | Lloyd: Texas duty not proven; registration facts insufficient. | No; state failed to prove Lloyd had a Texas duty to register at move to Ohio; convictions vacated. |
| Should the court conduct a second elemental comparison for classification under R.C. 2950.99? | Not required; system links comparable offense to the substantially equivalent state offense. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (established the broad 'categorical' approach for predicate offenses and the modified categorical method)
- Shepard v. United States, 544 U.S. 13 (2005) (permitted limited record review in determining predicate offenses)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (clarified scope of record review after Taylor/Shepard)
- Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) (illustrated elastic application of predicate-offense definitions)
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (Ohio Megan’s Law framework in registration cases)