State v. Johnson, Unpublished Decision (2-4-1999)
State v. Johnson, Unpublished Decision (2-4-1999)
Opinion of the Court
Plaintiff-appellant State of Ohio appeals from the trial court's ruling of January 28, 1997, declaring the notification requirements of H.B. 180 unconstitutional, memorialized in R.C.
Defendant-appellee Larry Johnson, d.o.b. July 14, 1969, pled guilty and was convicted on January 21, 1994, of one count of Sexual Battery (R.C.
The lone assignment provides:
"THE TRIAL COURT ERRED IN RULING THAT THE NOTIFICATION PROVISIONS CONTAINED IN H.B. 180 WERE UNCONSTITUTIONAL ON THE GROUNDS THAT THEY ARE INAPPLICABLE AS EX POST FACTO LAWS IN VIOLATION OF THE OHIO AND UNITED CONSTITUTIONS."
The registration and notification provisions of R.C. 2950, formerly H.B. 180, have been declared to not be violative of the Constitution on ex post facto grounds because those provisions are not clearly punitive in effect and they "serve the remedial purpose of protecting the public." See State v.Cook (September 30, 1998),
Assignment affirmed.
Judgment reversed and remanded.
This cause is reversed and remanded.
It is, therefore, considered that said appellant (s) recover of said appellee(s) its costs herein.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Exceptions.
JOHN T. PATTON, P.J., and ANNE L. KILBANE, J., CONCUR.
_______________________________ JAMES D. SWEENEY JUDGE
N.B. This entry is an announcement of the court's decision. See App. R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App. R. 22(E) unless a motion for reconsideration with supporting brief, per App. R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App. R. 22 (E). See, also, S.Ct.Prac.R. II, Section 2(A)(1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.