Legal Opinion · Dissent

State v. Bodyke

Ohio Supreme Court

Decided June 3, 2010No. 2008-2502Published

1DissentCupp, J.

{¶ 92} I respectfully dissent.

*287{¶ 93} The lead opinion errs, in my view, in holding that the reclassification sections of 2007 Am.Sub.S.B. No. 10 and the consequent change in registration and reporting requirements for offenders previously classified under prior law violate the separation-of-powers doctrine and, therefore, render new sections R.C. 2950.031 and 2950.032 unenforceable.

{¶ 94} The lead opinion’s premise is that because a sex-offender classification under Megan’s Law is included within the defendant’s criminal judgment (along with the conviction and sentence for the underlying…

2Cases cited10 opinions

  1. Smith v. DoeSupreme Court of the United States · 2003
  2. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  3. Westfield Insurance v. GalatisOhio Supreme Court · 2003
  4. State v. CookOhio Supreme Court · 1998
  5. State v. WilliamsOhio Supreme Court · 2000

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