State v. Williams
952 N.E.2d 1108
| Ohio | 2011Background
- Williams indicted November 2007 for unlawful sexual contact with a minor (fourth degree) and pled guilty; trial court stated plea would not trigger reporting requirements.
- Williams moved to apply the pre-S.B. 10 version of Ohio sex-offender laws; SB 10 enacted in 2007 after the offense.
- At sentencing, Williams was designated a Tier II offender under SB 10 with in-person, multi-county registration for 25 years and periodic verifications.
- Court of appeals affirmed that SB 10’s registration/classification provisions could be retroactively applied to pre-enactment offenses.
- Ohio Supreme Court held SB 10 as applied to Williams violates the Ohio Constitution’s Retroactivity Clause and remanded for resentencing under pre-SB 10 law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 10 retroactively applied violates the Ohio Retroactivity Clause | Williams argues SB 10 is punitive retroactively | State argues SB 10 is remedial civil regulation | SB 10 violates the Ohio Retroactivity Clause as applied to pre-enactment offenses |
| Whether SB 10 changes are punitive or remedial when applied retroactively | SB 10 imposes new burdens for past offenses | SB 10 is civil/remedial per prior precedent | SB 10 is punitive in aggregate impact as applied to Williams, violating the Retroactivity Clause |
| Whether Williams is entitled to resentencing under the law in effect at the time of the offense | Pre-SB 10 law should govern sentencing | SB 10 governs regardless of offense date | Remand for resentencing under law in effect at the time Williams committed the offense |
| Whether the state’s retroactive application is precluded by prior Megan’s Law decisions | Precedent upholds retroactivity of Megan’s Law amendments | SB 10 aligns with federal practice and prior Ohio decisions | Court relies on Ohio precedent (Cook, Ferguson, etc.) to find SB 10 retroactive application unconstitutional |
Key Cases Cited
- State v. Cook, 83 Ohio St.3d 404 (1998) (retroactivity of Megan's Law upheld as remedial civil regulation)
- State v. Williams, 88 Ohio St.3d 513 (2000) (Meagan's Law not punishment; retroactivity balancing)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (classification proceedings civil; proper standard of review)
- State v. Ferguson, 120 Ohio St.3d 7 (2008) (SB 5 amendments; retroactivity not punitive overall)
- State v. Bodyke, 126 Ohio St.3d 266 (2010) (explains evolution of sex-offender regime)
- State v. Pratte, 125 Ohio St.3d 473 (2010) (statute substantive vs remedial; burden on past transactions)
- State v. Clayborn, 125 Ohio St.3d 450 (2010) (SB 10 as civil/remedial; appeals treated civilly within criminal case)
- Hyle v. Porter, 117 Ohio St.3d 165 (2008) (two-part retroactivity test; express retroactivity then substantive/remedial)