Ohio Supreme Court, 2005

State v. Haven

Ohio Supreme Court · Decided May 25, 2005 · Connor, Donnell, Lanzinger, Moyer, Pfeifer, Resnick, Stratton

105 Ohio St. 3d 418; 827 N.E.2d 319

Cases that cite this one

4 later published cases cite this decision.

State v. Townsend (Slip Opinion) (Ohio 2020)
State v. Huffman (Ohio Ct. App. 2006)
State v. Haven, Unpublished Decision (6-28-2006) (Ohio Ct. App. 2006)
State v. McCown, Unpublished Decision (11-16-2006) (Ohio Ct. App. 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

{¶ 1} The Court of Appeals for Wayne County certified the following question to this court: “Can an offender be convicted of a sexually violent predator specification without there being a separate, prior conviction for a sexually violent offense?”

{¶ 2} On the authority of State v. Smith, 104 Ohio St.3d 106, 2004-Ohio-6238, 818 N.E.2d 283, we answer the certified question in the negative. Therefore, the judgment of the court of appeals is reversed to the extent it is inconsistent with State v. Smith, appellant’s sexually-violent-predator specification conviction and sentence are vacated, and the cause is remanded to the trial court for resentencing consistent with State v. Smith.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and Lanzinger, JJ., concur. O’Donnell, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.