Case No. 2011-2126 State of Ohio v. Donny A. Howard

 

Date

08-22-2012

Duration

00:34:13

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Do Adam Walsh Act Penalties Apply to Pre-2008 Sex Offender’s 2010 Registration Violation?

Where Registration Violation Was Committed After New Sentencing Law Enacted

State of Ohio v. Donny A. Howard, Case no. 2011-2126
Second District Court of Appeals (Montgomery County)

ISSUE: In sentencing a pre-2008 sex offender for a violation of his post-release registration duties, if the failure to register violation took place after the Ohio Adam Walsh Act (AWA) and its companion sentencing bill, S.B. 97, became effective on January 1, 2008, should the offender be sentenced for his registration violation under the pre-AWA (Megan’s Law) penalty scheme that was in place on the date his duty to register arose, or under the enhanced AWA/ S.B. 97 penalty scheme that was in place on the date his registration offense was committed?
 
 
TimeTitle
00:00:48R. Lynn Nothstine for the state
00:16:43Marshall Lachman for Donny Howard
00:32:03Summation: R. Lynn Nothstine for the state