Podcast Episode

Post-Verdict Hearing

Who’s talking

2 speakers
Speaker 26 min · 97%
Speaker 19 sec · 3%

Transcript

18 turns · 6 min
Speaker 10:01

All rise.

Speaker 20:01

Please have a seat. We're on record. Good afternoon. It is Thursday, October 1st, 2026. We are here on case number 26CR88, State of Ohio v. Caleb C. Flynn. Sir, are you Caleb Flynn? Yes, ma'am. All right. This matter comes on for a hearing. On September 29th, the defendant was convicted of nine counts in the indictment. Several of those counts are qualifying offenses for notice of a duty to register in the Biola Defender Registry. So the defendant needs to be notified pursuant to statute of 2903.41 of the Ohio Revised Code of his duty to register as well as well, there's a presumption that he'll have to register, and he has certain rights in order to rebut that presumption. The defendant is here with his counsel, Patrick Mulligan and Emily Smith. On behalf of the state is Prosecuting Attorney Paul Watkins, Bailey Arnett, and Matt Joseph. Mr. Mulligan, the court provided you a pre-sentence advisement of defendant's duty to register as a violent offender. Have you gone over that with him? Yes,

Speaker 11:21

Your

Speaker 21:21

Honor. Okay. I believe you have a copy of that. Would you like to approach the court, present that? I'm going to go over that with the defendant. Thank you. And before I speak with the defendant, Mr. Mulligan, did you go over the notice with your client? Yes, Your Honor. Do you believe he understood? I think so. And did you witness him signing it?

Speaker 11:49

Yes.

Speaker 21:50

And did you sign it yourself? I did. All right. So, Mr. Flynn, as a result of being convicted of aggravated murder and the for other murder charges or murder convictions, you are required to, you have a duty to register as a violent offender because those are qualifying offenses. As a violent offender, it is presumed that you must enroll in the violent offender database for a period of 10 years. As a qualifying offender, you must provide information to the sheriff of the county and the residents that you will maintain at the time of enrollment. You must enroll annually, and you must notify the sheriff of any change of address within three days. Prosecutors may file to extend an offender's enrollment duties beyond the 10-year period and specified circumstances. Additionally, qualifying offenders may rebut the presumption of a duty to enroll by filing a written motion with the sentencing court prior to or at the time of sentencing, asserting that the offender was not the principal offender in the commission of the underlying offenses and requesting that the court not require the offender to enroll in the database. If the offender, by a preponderance of the evidence, proves that he or she was not the principal offender, the court may nevertheless require the offender to enroll in the database or may relieve the offender of that obligation entirely. In making that determination, the court would consider whether the offender has committed any prior offenses of violence, whether those convictions indicate a propensity for violence, two, the results of a risk assessment conducted on the offense, the offender's degree a culpability or involvement in the underlying offense and the public's interest and safety the motion to rebut the presumption of enrollment must be filed prior to or at the time of

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