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The Adam Walsh Act

On June 30, 2007, Senate Bill 10 and Senate Bill 97 were signed into law.  These two bills implement the federal Adam Walsh Act in Ohio, and make substantial changes in Ohio's sex offender classification, registration, and notification systems for adults and juveniles, and greatly increase the penalties for failure to register. 

Senate Bill 10 is retroactive, so people convicted or adjudicated for sex offenses many years ago could be affected. 

•  For more information about Senate Bill 10

•  Frequently Asked Questions

•  Attorney Information

 

Supreme Court upholds man's predator' status

(The Plain Dealer © 9/24/2008)

Columbus -- A law labeling a rapist a sexual predator after he was sentenced to prison is not a violation of state and U.S. constitutional rules that disallow retroactive punishment, the Ohio Supreme Court ruled Wednesday.


David H. Bodiker 
Lecture Series on Criminal Justice

David H. Bodiker, the Ohio Public Defender from 1994–2007, died on Jan. 25, 2008.  His family and friends are working with his law school alma mater, The Ohio State University Moritz College of  Law, to establish the David H. Bodiker Lecture Series on Criminal Justice.  This will be an annual series that will bring nationally-known speakers to Ohio.  The project is currently in the fundraising and organizing stages, and hopes to have the first speaker in Spring 2009.  If you wish to contribute to the project, click here for a donation form, which can be mailed to:

Michael E. Moritz College of Law

The Ohio State University

Office of Development

55 West Twelfth Ave. – 374 DH

Columbus, OH  43210-1338

Scale of Justice


Parole Litigation Update

• David Hall v. Harry Hageman et al.  

• Douglas Ankrom et al. v. Harry Hageman et al.  


Limitations in the Assignment of Counsel in Juvenile Court

House Bill 66 contained language which amended O.R.C. Section 2151.352, limiting the right to counsel, at government expense, under O.R.C. 120 et seq., in certain civil matters that may be heard in Juvenile Court. (Click here for more information)


Post Conviction DNA Testing

On July 11, 2006, Senate Bill 262 was signed by the governor and went into immediate effect.  SB 262 creates a program for post-conviction DNA testing that does not expire.  Previously, post-conviction DNA testing was made available through Senate Bill 11, which created a one-year program, and then through House Bill 525, which extended the SB 11 program for an additional year, but expired in October 2005.

If you have questions about the post-conviction DNA testing program created by SB 262, contact the Office of the Ohio Public Defender:

• For an application for DNA under SB 262.


$25.00 Indigent Application Fee Information

Changes to the $25.00 indigent application fee law were made in H.B. 530, the Budget Correction Bill.  The changes affect the definition and kinds of cases subject to the fee, handling bindover and transfer cases, waivers, auditor timeliness for remitting funds, and clerk of court reporting requirements.  The changes are outlined in the links listed below.  Please direct your questions or comments to Terri Wilson at 614-466-5394 or terri.wilson@opd.ohio.gov.

• Forms and Instructions

• Memorandums

• Frequently Asked Questions

 

Public Defender News

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Cases Pending on the merits in the Ohio Supreme Court of Ohio of Interest to Criminal Defense Lawyers.

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Richland County Decision Declaring AWA Unconstitutional

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Foster v. State cert petition to Ohio Supreme Court

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Class certified in lawsuit against Adult Parole Authority

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Suspension of Juveniles' Future Right to Obtain a Driver's License

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Groups Urge Ohio Supreme Court to Ensure Lawyers for Children Too Many Minors Waive Right to Counsel

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Appeals Court affirms Ankrom decision, says Parole Authority fails to provide meaningful consideration

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Office of the Ohio Public Defender County Indigent Fee/Cost Recoupment Programs

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Sentences often unjust, unnecessary

(Toledoblade.com © 10/12/2008)

I laud the Blade's Sept. 29 editorial questioning the utility of mandatory minimum sentences and noting growing public awareness that such sentences are often unjust and unnecessary. Just as important, the public - and even some elected officials - are gradually becoming aware of the fiscal consequences of excessively lengthy sentences, especially those imposed on nonviolent offenders. 

•

Ruling doesn’t end challenges of sex offender classifications

(Advertiser-Tribune.com © 10/12/2008)

The recent decision upholding retroactive application of Megan's Law reclassification of those convicted of sex offenses does not cancel court challenges of cases involving the Adam Walsh Act.

•

Cell phone case shows consequences of juveniles facing adult-based laws

(NewarkAdvocate.com © 10/10/2008)

We respond to the Oct. 8 article, "Hottinger: Law didn't anticipate cell phone photo case." This case sadly highlights the inherent flaws in applying adult criminal laws to juveniles, and the harm that occurs when discretion and common sense aren't exercised by those with the authority to charge youths with criminal conduct.

•

Juvenile Court takes part in pilot program

(The News Herald © 10/9/2008)

The Lake County Juvenile Court is one of five juvenile courts in the state to have participated in an Ohio Supreme Court pilot project designed to improve “Standards of Practice” for juvenile attorneys.

•

Evidence that cleared man sent to FBI's database

(The Columbus Dispatch © 10/5/2008)

When the young mother answered a knock at the door in the middle of the night, a man put a knife to her throat, forced his way inside and raped her while her 2-year-old son slept in the next room.

More >>

 

Death Row Updates

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Gregory Bryant-Bey's requests sentence commutation

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2008 Second Quarter Report

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State v. McCloud: Challenge to Ohio's Lethal Injection Protocol

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Murphy v. Bradshaw:  Writ of Habeas Corpus Granted

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Reynolds v. Strickland Complaint Challenging Ohio Lethal Injection Protocol

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OPD Death Penalty Report First Quarter 2008

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Sowell v. Anderson: Mitigation Phase Relief Granted

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U.S. Supreme Court upholds Kentucky Lethal Injection Protocol

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Clifton White: Ineligible for Death Due to Mental Retardation

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Sixth Circuit Court of Appeals Enforces Earlier State Determination of Mental Retardation

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Ritchie found mentally retarded, ineligible for death

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State v. Rivera: Records Released on Ohio's Lethal Injection Protocol

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Upcoming Execution Schedule

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Mental Retardation Motions

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Pending Clemency Applications

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Long wait for Cooey's execution finally ends 

(Ohio.com © 10/14/2008)

LUCASVILLE: Twenty-five people gathered in a cramped, concrete-walled room to watch Richard Wade Cooey take his last breath.

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Ohio To Cooey: Forget About It

(AkronNewsNow.com © 9/20/2008)

The state is urging a judge to reject an Akron condemned inmate's request to delay his execution while he argues he can't be put to death humanely.

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Cooey Cites Electric Chair in Challenge of Death Sentence

(Cantonrep.com © 9/23/2008)

COLUMBUS A killer facing the first execution in Ohio in more than a year said he can't be put to death by injection because he was sentenced to die by electric chair.

More >>


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