State v. S.E., 2014 Ohio 413

Appellant S.E. was indicted on 23 counts, including numerous rape and sexual offense counts against his daughters.
He pled guilty to four counts of rape (first-degree) under R.C. 2907.02(A)(2).
The court held a sexual predator hearing and classified him as a sexual predator under former Megan's Law provisions.
Sentencing totaled 22 years, with counts 1–3 consecutive and to be served concurrently with count 21; remaining counts were nolle prossed.
The appellate court reviews the sexual predator determination for clear and convincing evidence under the civil manifest-weight standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the sexual predator designation supported by clear and convincing evidence?	State argues the court properly weighed factors showing likelihood of recidivism.	S.E. contends the court overemphasized certain factors and underweighted others.	Yes; the court's findings were supported by clear and convincing evidence.

State v. Cook, 83 Ohio St.3d 404 (1998) (establishes Megan's Law predator framework and evidence standard)
State v. Wilson, 113 Ohio St.3d 382 (2007) (clarifies clear and convincing standard for predator determinations)
State v. Eppinger, 91 Ohio St.3d 158 (2001) (requires clear and convincing evidence for predator status)
State v. Robertson, 147 Ohio App.3d 94 (2002) (case on weighing factors in predator determinations)
State v. Chapmyn, 10th Dist. No. 07AP-300, 2007-Ohio-6538 (2007) (recognizes no fixed number of factors; weight given to factors may vary)