State v. Smitley
2017 Ohio 872
| Ohio Ct. App. | 2017Background
- In 1993 Edward Smitley was convicted by jury of rape and gross sexual imposition and sentenced to 12–25 years; this Court affirmed on direct appeal.
- In 1997 the State sought a sexual-predator adjudication under former R.C. 2950.09 (Megan’s Law). After a 2001 hearing the trial court found Smitley to be a sexual predator and ordered registration; he did not appeal that order.
- Smitley remained incarcerated when later sex-offender statutes (including the Adam Walsh Act) were enacted.
- In 2015 Smitley filed a pro se motion to remove the Tier III sexual-predator classification, arguing Megan’s Law and the Adam Walsh Act could not be retroactively applied to someone already incarcerated when they took effect.
- The trial court denied the motion; Smitley appealed, arguing the court lacked authority to impose Megan’s Law or Adam Walsh Act registration requirements on someone incarcerated when those laws were enacted.
- The Ninth District affirmed, concluding the Adam Walsh Act was never imposed on Smitley and that his challenge to the Megan’s Law classification is barred by res judicata; Cook permits retroactive application of former R.C. 2950.09.
Issues
| Issue | Plaintiff's Argument (Smitley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the Adam Walsh Act may be applied to Smitley | Adam Walsh Act and later registration cannot be retroactively applied to someone incarcerated when it took effect | State: Adam Walsh Act was not imposed on Smitley, so not at issue | Court: Not applicable — Adam Walsh Act never imposed on him; Williams prohibits retroactive application but doesn't apply here |
| Whether the Megan’s Law sexual-predator classification may be challenged now | Megan’s Law registration was improperly imposed retroactively; classification must be removed | State: Smitley could have appealed the 2001 sexual-predator finding; res judicata bars relitigation | Court: Challenge barred by res judicata; Cook permits retroactive application of former R.C. 2950.09 |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011) (Ohio Supreme Court holding the Adam Walsh Act cannot be applied retroactively)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars raising issues on collateral attack that could have been raised on direct appeal)
- State v. Cook, 83 Ohio St.3d 404 (1998) (former R.C. 2950.09 — Megan’s Law — may be applied retroactively)