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Archive for November 3, 2009

Ohio Supreme Court Oral Arguments Begin

November 3, 2009 Comments off


This is a reminder of the Oral Arguments Session scheduled before the Ohio Supreme Court for Wed, Nov, 4th (9am). These consolidated cases are very important and will determine the future of constitutional rulings on Ohio’s sex offender/SORNA/Adam Walsh Act laws.

We urge all readers to follow these proceedings closely. A live video stream can be viewed at:
http://www.supremecourt.ohio.gov/videostream/flash.asp

Archived video will be posted on the Oral Argument Previews 2009 Archive web page (but only after a few weeks’ time). Archived video will be posted on our blogs as soon as possible.

Related to Ohio’s Senate Bill 10 / Adam Walsh Act/ Sex Offender Registration and Notification Act,
the following four consolidated cases will be heard before the Ohio Supreme Court on Wed, Nov 4, 2009, according to the Ohio Supreme Court Calendar:

Wednesday Nov. 4, 2009, 9 a.m. :

Case Number
08-0991/
08-0992

Roman Chojnacki v. Marc Dann, Ohio Atty. General [Richard Cordray], in his
Official Capacity – Warren County
Certified conflict: “Whether a decision denying a request for appointment of counsel in a reclassification hearing held pursuant to Ohio’s version of the Adam Walsh Act, Senate Bill 10, is a final appealable order.”

On March 23, 2009, the Court ordered the parties to brief the following issues:

  • Whether sex offender reclassification hearings conducted pursuant to the provision of Am.Sub.S.B. 10 are criminal or civil proceedings.
  • Whether sex offenders are entitled to the appointment of counsel for Am.Sub.S.B. 10 reclassification hearings if those proceedings are civil in nature.

08-1624
In the Matter of: Darian J. Smith, Alleged Delinquent Child – Allen County

PropLaw I: The application of SB 10 to persons who committed their offenses prior to the enactment of SB 10 violates the Ex Post Facto Clause of the United States Constitution.

PropLaw II: The application of SB 10 to persons who committed their offenses prior to the enactment of SB 10 violates the Retroactivity Clause of the Ohio Constitution.

PropLaw III: The application of SB 10 violates the United States Constitution’s prohibitions against cruel and unusual punishments.

PropLaw IV: A juvenile court has no authority to classify a juvenile, adjudicated delinquent for a sex offense, as a juvenile sex offender registrant when the statutory provisions governing such a hearing were repealed at the time the hearing was conducted.

08-2502
State of Ohio v. Christian N. Bodyke, David A. Schwab [and] Gerald E.
Phillips – Huron County
PropLaw I: Application of S.B. 10, Ohio’s version of the Adam Walsh Act, to offenders whose crimes occurred before its effective date violates the Ex Post Facto Clause of the United States Constitution.

PropLaw II: Application of S.B. 10, Ohio’s version of the version of the Adam Walsh Act, to offenders whose crimes occurred before its effective date violates the Retroactivity Clause of the Ohio Constitution.

PropLaw III: Application of S.B. 10, Ohio’s version of the Adam Walsh Act, to offenders who were classified under Megan’s Law effectively vacates valid judicial orders, and violates the Separation of Powers Doctrine embodied in the Ohio Constitution.

PropLaw IV: Application of S.B. 10, Ohio’s version of the Adam Walsh Act, to offenders who have previously been sentenced for sex offenses violates the Double Jeopardy Clauses of the Ohio and United States Constitutions.

PropLaw V: Application of S.B. 10, Ohio’s version of the Adam Walsh Act, to offenders who have previously been subject to the provisions of either the 1996 or 2003 version of Megan’s Law violates Due Process and constitutes cruel and unusual punishment as prohibited by the Ohio and United States Constitutions.

PropLaw VI: Application of S.B. 10, Ohio’s version of the Adam Walsh Act, to offenders who, pursuant to agreement with the Prosecutor and before the Act’s effective date, entered pleas of guilty or no contest impairs the obligation of contracts as protected by the Ohio and United States Constitutions.

09-0189
In re: Adrian R., Delinquent Child – Licking County
PropLaw I: The retroactive application of Senate Bill 10 to juveniles whose offense was committed prior to the enactment of Senate Bill 10 violates the juvenile’s right to Due Process as guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, Section 16 of the Ohio Constitution.

Analyst: Sex Offender Laws Do Not Prevent Crimes

November 3, 2009 Comments off

cbs4.com : Analyst: Sex Offender Laws Do Not Prevent Crimes.

Tallahassee – Sex offender laws aimed at keeping offenders at least 1,000 feet away from places where children gather don’t work, according to a legislative policy analyst.

Marti Harkness told a Florida House committee Tuesday that such limits are ineffective and said more productive measures would include installing electronic monitoring devices and reducing the 1,000 feet measure to smaller areas where children congregate.

“These aren’t my conclusions, but rather what I’ve seen in the published literature. What I have seen points to the fact that they aren’t doing what they are intended to do, which is protect people from offenders,” Harkness told CBS4. “The research shows no relationship where the offender lives and whether or not they commit a new offense.”

Under Florida law, sex offenders must live at least 1,000 feet from schools, parks and areas where children gather. In Miami, ordinances increased the limit from 1,000 to 2,500 feet and it has resulted in many registered sex offenders taking up residence along the Julia Tuttle Causeway.

KY Supreme Court Will Not Allow Stay

November 3, 2009 Comments off

kentucky.com : Ky. court won’t suspend sex offender ruling.

Frankfort, Ky. – The Kentucky Supreme Court on Monday denied the state’s request to suspend its recent ruling which loosened restrictions on where convicted sex offenders may live.

Attorney General Jack Conway last week asked the state’s supreme court to delay implementation of the ruling while the decision was appealed to the U.S. Supreme Court.

The state Supreme Court ruled on Oct. 1 that Kentucky’s law was unconstitutional because it also applied to sex offenders who were convicted before the law was on the books (retro-actively). The law barred sex offenders from living within 1,000 feet of schools, daycare centers, playgrounds and other places where children congregate.

An order from the Kentucky court Monday says its ruling would remain in effect during an appeal to the U.S. Supreme Court.