Thursday, April 9, 2009

Ohio Supreme Court - Sex Offender Case

Ohio Supreme Court Case No. 2008-0991/ 08-0992
Roman Chojnacki v. Marc Dann, Ohio Atty. General [Nancy Rogers], in his Official Capacity, March 11, 2009

The Ohio Supreme Court - Senate Bill 10 challenge. Oral arguments whether those who challenge their reclassification are entitled to an attorney. Click preview image below to watch this video:



2008-0991. Chojnacki v. Cordray.
Warren App. No. CA2008-03-040. This cause is pending before the court on the certification of a conflict by the Court of Appeals for Warren County. Upon further review, It is ordered that the parties are to brief the following issues:
1. "Whether sex offender reclassification hearings conducted pursuant to the provisions of Am.Sub.S.B. 10 are criminal or civil proceedings."
2. "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." It is further ordered by the court that appellant's brief shall be filed within 40 days of the date of this entry, and further briefing shall be in accordance with S.Ct.Prac.R. VI. Briefing in this case and 2008-0992, Chojnacki v. Cordray, Warren App. No. CA2008-03-040, shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. VI and include both case numbers on the cover page of the briefs. It is further ordered that this cause shall be scheduled for oral argument upon the completion of the supplemental briefing.

2008-0992. Chojnacki v. Cordray.
Warren App. No. CA2008-03-040. This cause is pending before the court as an appeal from the Court of Appeals for Warren County. Upon further review, It is ordered that the parties are to brief the following issues:
1. "Whether sex offender reclassification hearings conducted pursuant to the provisions of Am.Sub.S.B. 10 are criminal or civil proceedings."
2. "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." It is further ordered by the court that appellant's brief shall be filed within 40 days of the date of this entry, and further briefing shall be in accordance with S.Ct.Prac.R. VI. Briefing in this case and 2008-0991, Chojnacki v. Cordray, Warren App. No. CA2008-03-040, shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. VI and include both case numbers on the cover page of the briefs. It is further ordered that this cause shall be scheduled for oral argument upon the completion of the supplemental briefing.