Reclassification of Sex offender Status Requested
Reclassification of Sex offender Status Requested
William Clay filed a motion with the Miami County Court of Common Pleas for reclassification of his sex offender status after the Supreme Court of Ohio ruled it unconstitutional to apply Ohio’s Adam Walsh Law to defendants convicted prior to the effective date of that legislation. See: In re Bruce S., 134 Ohio St. 3d 477 (Ohio 2012).
On March 21, 2013, Clay filed a petition for writ of procedendo in the Second District Court of Appeals to compel ruling on the motion filed with the county court in Miami. About one week later a Miami County judge granted the petition. Subsequently, the Second District Court of Appeals dismissed the petition for writ of procedendo as moot.
The Supreme Court of Ohio affirmed the judgement (dismissing the petition for writ of procedendo) ruling procedendo will not issue to compel the performance of a duty that has already been performed. The appellant has an adequate remedy by way of appeal. State ex rel. Clay v. Gee, 138 Ohio St. 3d 151 (Ohio 2014).
Related legal case
State ex rel. Clay v. Gee
| Year | 2014 |
|---|---|
| Cite | 138 Ohio St. 3d 151 (Ohio 2014) |
| Level | State Supreme Court |