2022 Ohio 1773
Ohio Ct. App.2022Background
- In 2008 Schilling (Kentucky resident) pleaded guilty in Hamilton County to attempted voyeurism; the sentencing court (erroneously) classified him as a Tier I offender under Ohio’s Adam Walsh Act (AWA).
- He served his sentence, completed treatment, and registered in Kentucky (his state of residence) for the ensuing years.
- In 2019 Schilling moved to Ohio and moved under R.C. 2950.15 to terminate his Tier I registration duty after ten years.
- The State argued the AWA could not apply to pre-2008 offenses (citing Williams) and that Schilling was a Megan’s Law sexually oriented offender (not eligible under R.C. 2950.15); the trial court adopted that view and denied credit for his Kentucky registration time.
- The court of appeals reversed: applying Henderson, the 2008 Tier I classification was a voidable (not void) sentencing component that was never timely appealed, so Schilling remains Tier I, is eligible under R.C. 2950.15, and his Kentucky registration time counts toward the registration period.
- The case was remanded for the trial court to decide whether to terminate Schilling’s registration duty under R.C. 2950.15.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Schilling) | Held |
|---|---|---|---|
| Whether the trial court could relabel Schilling as a Megan’s Law sexually oriented offender and undo the 2008 Tier I AWA classification | The 2008 AWA classification was legally incorrect and void for pre-AWA offenses and may be corrected to a Megan’s Law classification | Henderson bars collateral attack on a voidable sentencing component when no timely appeal was taken; the original Tier I classification stands | The court held the 2008 Tier I classification is a voidable sentence component that was not appealed and therefore remains; the trial court’s reclassification to Megan’s Law is vacated |
| Whether Schilling is an "eligible offender" under R.C. 2950.15 and thus may move to terminate registration | R.C. 2950.15 does not apply to offenders who committed offenses before Jan. 1, 2008 (Megan’s Law offenders) | Because Schilling remains a Tier I AWA offender, he falls within R.C. 2950.15’s definition of an eligible offender | The court held Schilling is a Tier I offender and thus an eligible offender under R.C. 2950.15; the matter is remanded for the trial court to consider termination |
| Whether time Schilling registered in Kentucky counts toward Ohio’s registration period | R.C. 2950.07(E) excludes out-of-state registration credit for an Ohio conviction; only time registered in Ohio counts | Ohio statutes require personal registration where the offender resides or is present; complying with Kentucky registration satisfied Ohio duties and tolling does not apply | The court held Kentucky registration complied with Ohio law and counts toward Schilling’s registration period |
Key Cases Cited
- State v. Williams, 952 N.E.2d 1108 (Ohio 2011) (AWA cannot be constitutionally applied retroactively to pre-AWA offenses)
- State v. Henderson, 162 N.E.3d 776 (Ohio 2020) (returns to traditional void vs. voidable judgment analysis; sentencing errors by a court with jurisdiction are voidable and forfeited if not timely appealed)
- In re Von, 57 N.E.3d 1158 (Ohio 2016) (R.C. 2950.15 termination procedure does not apply to offenders who committed offenses before Jan. 1, 2008 when they are classified under Megan’s Law)
- State v. Hayden, 773 N.E.2d 502 (Ohio 2002) (offender subject to Megan’s Law classification by operation of law for pre-AWA offenses)
- State ex rel. Slaughter v. Foley, 184 N.E.3d 87 (Ohio 2021) (reiterates Henderson: errors in exercise of jurisdiction are voidable and must be raised on direct appeal)