2012 Ohio 733
Ohio Ct. App.2012Background
- 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to Provide Notice of Change of Address; the court found him guilty; appellate brief filed under Anders and later withdrawn.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)
