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.
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.
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.
09-0189In 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.
