State v. Vertock
2012 Ohio 4283
Ohio Ct. App.2012Background
- Vertock was adjudicated a delinquent child for rape and gross sexual imposition and committed to DYS with a sex offender hearing planned before release.
- At the time of offenses, Ohio followed Megan’s Law; the AWA (replacing Megan’s Law) became effective January 2008.
- In March 2010 Vertock was classified as a Tier III offender under the AWA, requiring registration and address verification every 90 days for life.
- May 2011 Vertock registered, instructed to reappear in July 2011; he did not appear in July, warning letter sent, then case forwarded to prosecutor after undeliverable mail.
- August 2011 Vertock was indicted for failing to register and failing to update his address; October 2011 he registered and was arrested.
- At bench trial, Vertock moved for acquittal after the state rested; the court found the AWA classification unconstitutional and granted the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AWA can be applied to Vertock | Vertock’s original Tier III classification under AWA was proper. | AWA cannot apply because Williams invalidates retroactive application to pre-AWA offenses for juveniles. | AWA classification void; cannot apply to Vertock. |
| Whether Vertock was subject to any registration requirements | Vertock was at least subject to Megan’s Law minimum requirements. | As Vertock was never properly classified, no registration requirements apply. | No registration requirements apply. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (applies Williams to juvenile classifications under SB 10)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (Williams prohibits retroactive application of AWA to pre-enactment offenses)
- State v. Faranda, 8th Dist. No. 96807 (2011-Ohio-6083) (no distinction between adult and juvenile for Williams holding)
- State v. Alredge, 2d Dist. No. 24755 (2012-Ohio-414) (AWA cannot apply when offense preceded its enactment; Megan’s Law governs)
- In re: D.J.S., 130 Ohio St.3d 257 (2011-Ohio-5342) (applies Williams to juveniles)
- State v. Eads, 197 Ohio App.3d 493 (2011-Ohio-6307) (classification void; not proper to convict on Megan’s Law obligations)
- State v. Keeton, 18 Ohio St.3d 379 (1985) (directed verdict of acquittal is final; appeal limited to certain rulings)
- State v. Bistricky, 51 Ohio St.3d 157 (1990) (questions on appeal following acquittal under Crim.R. 29)