Ohio sex offender update

Citing its June 3rd. decision in State v. Bodyke , dispositions were entered by the Ohio Supreme Court, yesterday, in 127 other sexual offender reclassification cases that were pending on appeal. ( See In re Sexual Offender Reclassification Cases, Slip Opinion No. 2010-Ohio-3753 for specific case instances)

An additional 23 sexual offender reclassification cases are no longer being held for a decision in Bodyke, but are held for decisions in three other sexual offender reclassification cases. Those briefing schedules remain stayed pending the outcomes of In re Smith (2008-1624), State v. Williams (2009-0088), and In re Adrian (2009-0189). [ Refer Case Announcements ]

And the Court denied a joint motion for reconsideration/clarification of State v. Bodyke by state officials who had sought "clarification of the Court's remedy-- specifically, whether the Court facially invalidated R.C. 2950.031 and R.C. 2950.032, and thereby struck the provisions entirely, or whether the Court only invalidated those provisions as applied to sex offenders who had been judicially classified under Megan's Law." Justices Cupp and O'Donnell dissented, stating "The majority decision in Bodyke states that it was based on the concern that R.C. 2950.031 and 2950.032 'require the attorney general to reclassify sex offenders whose classifications have already been adjudicated by a court and made the subject of a final order.' Bodyke, ___Ohio St.3d ___, 2010-Ohio-2424, ___ N.E.2d ___, at ¶ 61. To the extent that particular sex offenders have not been previously 'adjudicated by a court' to be within a particular classification under prior law, those offenders are not affected by the Bodyke decision. I believe that the court should grant clarification for this limited purpose.' [ Denial of Motion Here ]