Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Split Ohio Supreme Court upholds retroactive application of sex offender regulations

By Douglas A. Berman

As detailed in this official press release, the "Supreme Court of Ohio ruled today that applying 2003 amendments to ... the state's sex offender registration and reporting law to offenders whose crimes took place before the amendments were adopted does not violate prohibitions in the U.S. and Ohio constitutions against ex post facto or retroactive laws."    The Ohio Supreme Court decision in State v. Ferguson, No. 2008-Ohio-4824 (Oct. 1, 2008) (available here), split the state Justices 4-3.  The dissent make the notable assertion that amendment to Ohio's sex offender law has changed the constitutional equation:Although the majority continues to rely on State v. Cook (1998), 83 Ohio St.3d 404, 409, 700 N.E.2d 570, the first case that considered retroactive application of R...continue to full post

Full post as published by Sentencing Law and Policy on October 01, 2008 (boomark / email).