State v. Reed
2016 Ohio 1234
Ohio Ct. App.2016Background
- Charles R. Reed was indicted for sexual offenses committed between 1997 and 2002 against his stepdaughter, who was 17 at the time the abuse began and who had cognitive/developmental disabilities.
- Reed pled guilty to two counts of sexual battery and one count of gross sexual imposition and was convicted and sentenced.
- At sentencing the trial court notified Reed he would be classified as a Tier III sex offender under Ohio’s Adam Walsh Act (Am.Sub.S.B. No. 10).
- Reed moved to vacate that AWA classification; the trial court denied the motion but this court reversed based on the Ohio Supreme Court’s ruling in State v. Williams (retroactivity prohibition) and remanded for classification under the law in effect when the offenses occurred (former R.C. Chapter 2950, Megan’s Law).
- On remand the trial court held a hearing, considered the presentence investigation, and classified Reed as a “sexual predator” under former R.C. 2950.09.
- Reed appealed, arguing the state failed to prove by clear and convincing evidence that he was likely to reoffend; the appellate court affirmed the sexual-predator classification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reed should be classified a "sexual predator" under former R.C. 2950.09 (i.e., whether the state proved likelihood of reoffense by clear and convincing evidence) | State: trial court considered relevant factors (victim’s age and disabilities, pattern of abuse, position of trust) and had competent, credible evidence supporting likelihood of recidivism | Reed: evidence was insufficient to show he was likely to commit future sexually oriented offenses | Court affirmed: the trial court’s reliance on victim’s age/cognitive disability, pattern of abuse, and Reed’s position of trust constituted clear and convincing evidence to classify him a sexual predator |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (holding AWA classification applied retroactively violates Ohio Constitution)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio 2007) (definition and standard for "sexual predator" under former R.C. 2950)
- State v. Eppinger, 91 Ohio St.3d 158 (Ohio 2001) (definition of clear and convincing evidence quoting Cross v. Ledford)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (definition of clear and convincing evidence)