Archive for September 6, 2008

Ohio County Judge Refuses to Rule Against AWA

September 6, 2008 Comments off

29 Aug 2008: Montgomery County Common Pleas Judge Dennis J. Langer refused to recognize the constitutional violations of the Ohio Adam Walsh Act sex offender law (Senate Bill 10):

The decision holds that:
– SB 10 is not an Ex-post Facto law.
– SB 10’s classification, registration and notice requirements are not impermissibly retroactive.
– SB 10 does not implicate Double Jeopardy.
– SB 10 does not violate the Separation of Powers Doctrine.
– SB 10 does not entail Cruel and Unusual Punishment.
– SB 10’s residency restrictions, applied prospectively, do not violate Substantive Due Process.
– SB 10’s scheme does not violate Procedural Due Process.
– SB 10’s application does not constitute a breach of Petitioner’s plea agreements.

This is yet another failure of the courts to demonstrate the courage to do the right thing. Judge Langer, if you do not believe that this law imposes punishment, let us post your name, address, workplace and photo, along with those of your family, on the sex offender web site as a sex offender for all to see. Surely you will then understand that these impositions are, indeed punishment. And if the law is retro-active with regard to residency restrictions, then why is it not retro-active with regard to its implementation of other requirements ??

Download and view this decision here.

Download and view this decision here.