State v. Shirley, 2013 Ohio 5216

Shirley was convicted of rape in 1983 and later classified as a sexually oriented offender under Megan’s Law.
Effective 2008, he was reclassified under the Adam Walsh Act as a Tier III offender.
In 2011, Shirley was indicted for failing to register under the AWA and pleaded guilty in 2012 to a second-degree felony.
The indictment and plea were under the AWA, though Ohio Supreme Court decisions had held AWA not retroactive to Megan’s Law offenders.
Shirley moved to withdraw his guilty plea in January 2013, arguing his plea was not knowing due to misapplication of the registration scheme.
The court reversed and remanded for a hearing to determine if manifest injustice occurred and whether the proper registration scheme applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying Crim.R. 32.1 motion without a hearing.	Shirley argues the wrong registration scheme was charged and applied.	Shirley contends he was not subject to the AWA retroactively and thus plea was involuntary.	Remanded for a hearing to evaluate manifest injustice and applicability of Megan’s Law vs. AWA.

State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reclassification under AWA violated separation of powers; reinstated Megan’s Law orders)
State v. Gingell, 128 Ohio St.3d 444 (2011-Ohio-1481) (could not prosecute under more restrictive AWA when Megan’s Law applied)
State v. Howard, 134 Ohio St.3d 467 (2012-Ohio-5738) (offender originally under Megan’s Law subject to Megan’s Law penalties, not AWA)
State v. Brunning, 134 Ohio St.3d 438 (2012-Ohio-5752) (convictions need not be vacated when conduct violated both regimes)
State v. Perryman, 2013-Ohio-1087 (2013-Ohio-1087) (Crim.R. 32.1 review may require vacating sentence and further proceedings)
State v. Montgomery, 2012-Ohio-391 (2012-Ohio-391) (motion to withdraw plea under manifest injustice where only AWA conduct unclear under Megan’s Law)