State v. Moore, 2014 Ohio 2525

Moore appeals a trial court classification as a sexually oriented offender under Megan's Law SB 5 following remand by the court of appeals.
The remand directed a sex offender classification hearing; the State sought the least-restrictive classification.
Moore filed a timely reconsideration petition in this court, but did not obtain a stay of the remand order.
On April 8, 2013, the trial court held the hearing and classified Moore as a sexually oriented offender.
Moore argued the hearing proceeded improperly while reconsideration was pending; the trial court proceeded under the court’s remand order; the judgment was final in the trial court.
The appellate court later denied reconsideration and the Supreme Court declined jurisdiction; the remand hearing occurred prior to resolution of reconsideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the trial court divested of jurisdiction to proceed during reconsideration?	Moore	State	No: no stay, hearing valid.
Did the trial court follow the appellate mandate on remand?	Moore	State	Yes: properly classified as sexually oriented offender under SB 5.

State v. Moore (Moore VI), 2013-Ohio-1431 (7th Dist. 2013) (remand for SB 5 hearing; precludes retroactive S.B. 10; classification proper under SB 5)
State v. Bates, 2013-Ohio-4768 (5th Dist. 2013) (automatic sexually oriented offender classification; not a full sexual predator hearing when not pursued)
State v. Hayden, 96 Ohio St.3d 211 (2002-Ohio-4169) (sexually oriented offender attaches as a matter of law if conditions met)
State v. Sheriff, 2012-Ohio-656 (3d Dist. 2012) (articulates SB 5 hearing framework)
Campbell v. Carlisle, 2010-Ohio-5707 (Supreme Court of Ohio 2010) (statutory language for hearings is plain and unambiguous)