Typically we don’t summarize Ohio Supreme Court Cases, but we'll make an exception for the monumental decision rendered by the Court this week.
State v. Bodyke was decided by the Ohio Supreme Court Wednesday. The Court found S.B. 10 (aka The Adam Walsh Act), violates the doctrine of separation of powers. Because persons convicted of sexual offenses pre-S.B.10 were entitled to a hearing on their classification, courts, both trial and appellate, have made determinations on the proper level of threat a person poses to the community. When the legislature made S.B. 10 retroactive, it took away from the judiciary the power it had over those cases. Under S.B. 10, the Attorney General (a part of the Executive Branch), makes a new determination based on offense of conviction, which "tier" an offender is placed in. The determination by the Executive Branch upsets final judgments and usurps judicial power.
If you are subject to the oppressive mandates of sex offender registration, contact our office for a free consultation to determine if this monumental decision can be of assistance to you.
