7-13-2011 Ohio:
The Ohio Supreme Court, in a 5-2 decision, declared the classification and registration scheme in Senate Bill 10, Ohio’s Adam Walsh Act, to be punishment. It is therefore unconstitutional to apply it retroactively. The case is State v. Williams, and it is available online here:
http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-3374.pdf
Hats off to those folks who have been fighting this cause in Ohio.
For now have a GREAT day and a BETTER tomorrow.
eAdvocate
Wednesday, July 13, 2011
Ohio Supreme Court Declares Adam Walsh Acts Classification Scheme Punishment!
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WOW!!! That is some awesome news. That magic word........."PUNISHMENT". And.....as noted before, SCOTUS is receptive to letting States laws and statutes work themselves out to get a general "FEEL" for how they address the law when it get's to them. And believe me...it WILL get to them. OHIO Supreme Court...YOU ROCK!!!!!
ReplyDeleteBut the real credit goes to all the hard chargin, never say never, CITIZENS of OHIO who
refused let our constitution be spat upon!!!!
The Justices and Ms. Slagle did a fabulous job here and should be commended. The ruling was and is wholly appropriate and long overdue. What those who may disagree fail to realize is that the chipping away of any one "class" of individuals liberties and constitutionally protected rights, is a steping stone to the chipping away of everyone's rights and slowly erodes the foundations and principles of our great country. The word "Retroactive" should NEVER appear in any criminal statute. Period. Thanks you eadvocate for posting this fine decision and high praise for those who love this country and our constitution passionately and give their time and their lives to protect and uphold it. Amen!
ReplyDeleteAs I recall the initial precedents that allowed retroactive application of SOR, which I still heard cited covering courts as a reporter just seven years ago, declared that the registration requirements did not rise to the level of punishment. In Washington State back then offenders had to register annually and inform when moving. The changes in other states since then have made registration terms more demanding than some original terms of probation in the actual sentence.
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