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2012 Ohio 733
Ohio Ct. App.
2012
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Background

  • Moody, a convicted sex offender, must notify the county sheriff of changes of address.
  • He was indicted March 12, 2010 for failure to notify the sheriff of a change of address (R.C. 2950.05(A)), a felony of the third degree.
  • Moody challenged reclassification under the Adam Walsh Act as unconstitutional under State v. Bodyke; argued Megan's Law requirements should be reinstated.
  • The trial court overruled Moody's motion to dismiss, following State v. Huffman, which allowed conviction where reclassification had no effect on reporting requirements.
  • Moody pled to a reduced charge of Attempted Failure to Provide Notice of Change of Address; the court found him guilty; appellate brief filed under Anders and later withdrawn.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Adam Walsh reclassification violates Bodyke Moody argues reclassification unconstitutional Moody contends Megan's Law reinstated; reporting unchanged No reversible error; conviction upheld
Whether prosecution for failure to notify is proper despite reclassification Reclassification affects reporting duties Reclassification had no effect on reporting requirement Conviction proper under Huffman
Whether Anders requirements were satisfied and any nonfrivolous issues exist Appellate counsel found no nonfrivolous issues Moody did not file his own brief to raise issues Court independently reviewed; no nonfrivolous issues

Key Cases Cited

  • State v. Huffman, 2010-Ohio-4755 (2d Dist. Montgomery (Ohio 2010)) (reclassification has no bearing on reporting outcome; supports conviction)
  • State v. Bodyke, 126 Ohio St.3d 266 (2010) (reclassification under Adam Walsh Act; Megan's Law reinstated)
  • Anders v. California, 386 U.S. 738 (U.S. Supreme Court (1967)) (procedural safeguard for appeals with no nonfrivolous issues)
Read the full case

Case Details

Case Name: State v. Moody
Court Name: Ohio Court of Appeals
Date Published: Feb 24, 2012
Citations: 2012 Ohio 733; 2011-CA-29
Docket Number: 2011-CA-29
Court Abbreviation: Ohio Ct. App.
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    State v. Moody, 2012 Ohio 733