State v Dunlap

8-23-2011 Ohio:

State v. Dunlap [ Dunlap ](Odd case w/other issues)

Sex-Offender Classification (issue only)
{¶ 4} Dunlap had been indicted on July 26, 2007, on the charges upon which he eventually was convicted. He was sentenced under S.B. 10 on March 4, 2008. Dunlap argues that the application of S.B. 10 to offenders whose crimes occurred before its effective date of January 1, 2008, violates the Ex Post Facto Clause of the United States Constitution and the Retroactivity Clause of the Ohio Constitution.

{¶ 5} In regard to Dunlap's sex-offender classification, this case was originally held for a decision in State v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424, 933 N.E.2d 753. However, having determined that this court's decision in Bodyke did not resolve the classification issue in Dunlap's case, we subsequently held this case for a decision in State v. Williams, ___ Ohio St.3d ___, 2011-Ohio-3374, ___ N.E.2d ___. In our recent decision in Williams, we held that S.B. 10, "as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws." Id. at syllabus.

{¶ 6} We therefore reverse that portion of the court of appeals' judgment that upheld the application of S.B. 10 to Dunlap and remand this case to the trial court for an application of Williams.