Ohio Supreme Court Rules Appeal of Sex Offender Classification is a Criminal Matter

5-20-2010 Ohio:

(May 20, 2010) The Supreme Court of Ohio today ruled that an appeal from a sexual offender classification must be appealed in the criminal case and filed within 30 days.

The Court’s 6-0 decision, authored by Justice Evelyn Lundberg Stratton, affirmed a ruling by the 10th District Court of Appeals, but for reasons different from those stated by the appellate court.

The issue before the Supreme Court was “whether an appeal of an R.C. Chapter 2950 sexual-offender classification is an appeal of a criminal matter that must be filed within 30 days after judgment in the case is entered, or whether it is a civil matter for which the 30-day deadline is tolled until the defendant has been served with a copy of the judgment entry.”

On May 27, 2008, Byron Clayborn pleaded guilty to one second-degree felony count of pandering sexually oriented matter involving a minor. In a May 30, 2008, judgment entry, the trial court noted that the conviction automatically classified Clayborn as a Tier II sexual offender under the Adam Walsh Act. Clayborn filed a notice of appeal 46 days after the judgment entry. The appeals court held that the appeal was criminal, and therefore untimely, and dismissed his appeal. The Supreme Court accepted the case as a discretionary appeal.

Clayborn’s attorneys argued that sexual-offender classifications are intended to be administrative, not punitive, and are therefore civil determinations. They argued the clerk of court did not serve Clayborn with a copy of the trial court judgment as mandated by civil procedure rules and that this lack of service indefinitely tolled the time for filing his notice of appeal. ..For the remainder of this decision.. by the Ohio Supreme Court