2014 Ohio 4030
Ohio Ct. App.2014Background
- Smith pled no contest July 31, 2007 to Megan's Law failure to notify of address change under former R.C. 2950.05, based on a 1986 attempted rape conviction.
- He was sentenced to two years on community control, violated it, then received three years' incarceration.
- Smith filed a pro se postsentence motion to withdraw the plea on November 10, 2011 (no ruling in record).
- Counsel filed a postsentence motion to withdraw on March 29, 2013; the trial court overruled it April 12, 2013 without a hearing.
- Smith appeals challenging the trial court's overruling of the motion to withdraw the plea.
- The court addresses whether Megan's Law 2950.05 withdrawal is permitted where the offense is strict liability and no manifest injustice was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea withdrawal was proper given strict liability | Smith argues lack of mens rea; strict liability requires recklessness. | State contends 2950.05 is strict liability; no mens rea element to prove. | Overruled; strict liability governs and no manifest injustice shown. |
Key Cases Cited
- State v. Cook, 83 Ohio St.3d 404 (1998) (Megan's Law registration imposes no scienter; failure to register triggers punishment)
- State v. Williams, 88 Ohio St.3d 513 (2000) (foundational findings justify public-safety goals of Megan's Law)
- State v. Moody, 104 Ohio St.3d 244 (2004) (defines strict liability test under R.C. 2901.21(B))