2012 Ohio 1297
Ohio Ct. App.2012Background
- Appellant Randy Savors pleaded guilty in 1997 to first-degree rape, was classified as a sexual predator, and received a 10-year sentence.
- He was released on parole in 2007 and supervised by a parole officer, Granger.
- In 2008, under the Adam Walsh Act, he was reclassified as a Tier III offender with ongoing address-verification duties.
- He moved multiple times and failed to timely notify the sheriff before two住所 changes; notably, May–June 2008 he listed Depot Street, then moved to his grandmother’s Meadowbrook Circle residence.
- Granger’s unannounced visit on June 30 and Bradley’s later criminal complaint led to Savors’ July 2008 arrest and eventual indictment for failure to notify; trial resulted in a first-degree felony conviction and a seven-year sentence.
- The court later granted an application to reopen the appeal to address Bodyke-related issues, ultimately reducing the conviction to a third-degree felony and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tier III status can serve as the predicate for failure-to-notify. | Savors argues Bodyke retroactively invalidates using Tier III as predicate. | State argues Megan’s Law obligations persist; Bodyke reinstates pre-AWA classifications. | Tier III cannot serve as predicate; conviction modified and remanded. |
| Whether appellate counsel was ineffective for not raising Bodyke issues. | Savors asserts deficient performance and prejudice for not raising Bodyke. | State contends no merits to Bodyke issues at the time of original appeal. | Ineffective assistance established; prior judgment vacated and remanded for resentencing. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio Supreme Court 2010) (reinstates pre-AWA classifications; Bodyke invalidates AWA reclassifications for pre-S.B. 10 offenders)
- State v. Gingell, 128 Ohio St.3d 444 (Ohio Supreme Court 2011) (reaffirmed Bodyke approach to post-reclassification consequences)
- State v. Williams, 129 Ohio St.3d 344 (Ohio Supreme Court 2011) (AWA retroactivity limits; aggregate SB 10 changes unconstitutional for pre-enactment offenses)