State v. Palmer
131 Ohio St. 3d 278
| Ohio | 2012Background
- Palmer pleaded guilty to sexual battery in 1995 and served an 18-month sentence.
- Ohio’s sex-offender laws evolved; Megan’s Law (1996) did not apply to offenders who completed their sentence before July 1, 1997.
- The Adam Walsh Act of 2007 imposed Tier III classifications retroactively for Palmer based on his 1995 offense.
- Palmer petitioned under R.C. 2950.031(E) to contest the new registration requirements and sought a stay of community-notification provisions under R.C. 2950.11.
- A Franklin County grand jury indicted Palmer for alleged Adam Walsh Act registration violations; Palmer moved to dismiss the indictment.
- The trial court dismissed the indictment and ruled Ohio’s sex-offender regulations did not apply to Palmer; the lists were to be removed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Bodyke invalidate the petition process? | Palmer: petition process invalidated by Bodyke. | State: petition process remains viable after severance of unconstitutional provisions. | Bodyke did not invalidate the petition process. |
| May a trial court dismiss an indictment if the regulations do not apply? | Palmer: indictment defective because not subject to Chapter 2950. | State: indictment may proceed; retroactivity concerns apply later. | Yes; dismissal appropriate where Chapter 2950 does not apply. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (invalidated reclassification provisions, severed unconstitutional part, petition process remains)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity limits on Adam Walsh Act enforcement)
- Chojnacki v. Cordray, 126 Ohio St.3d 321 (2010-Ohio-3212) (Bodyke limits on attorney general reclassification efforts; viability of petition process not implicated)
- State v. Champion, 106 Ohio St.3d 120 (2005-Ohio-4098) (Megan's Law pre-1997 offenders; principle of pre-enactment exclusion)
- State v. Brady, 119 Ohio St.3d 375 (2008-Ohio-4493) (Crim.R. 12(C) authority to consider outside-the-indictment evidence)
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (severability and constitutional separation-of-powers governance)
- State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (separation-of-powers and procedural corrections)