Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 16 CV
Plaintiff-Appellant: C. JOSEPH McCOY MICHAEL DEWINE
Defendant-Appellee: MICHAEL DEWINE OHIO ATTORNEY INA AVALON
JUDGES: Hon. Patricia A. Delaney, P.J., Hon. W. Scott Gwin,
J., Hon. John W. Wise, J.
Plaintiff-appellant Joseph Conley appeals from the January
12, 2017 Judgment Entry of the Licking County Court of Common
Pleas granting the motion to dismiss of defendant-appellee,
the state of Ohio.
AND PROCEDURAL HISTORY
On October 31, 2016, appellant filed a "Civil Action to
be declared a Wrongfully Imprisoned Individual under Ohio
Revised Code 2743.48." The following facts are adduced
from appellant's complaint.
On November 19, 2007, appellant was adjudicated delinquent on
two counts of gross sexual imposition and one count of escape
for offenses alleged to have occurred between August 1, 2006
and July 17, 2007. At that time, Ohio's version of
Megan's Law was in effect. In 2007, Megan's Law was
repealed and replaced with Ohio's version of the Adam
Walsh Act [2007 Am.Sub.S.B.No. 10].
On January 11, 2008, appellant was classified as a Tier II
juvenile offender registrant in accord with the Adam Walsh
On November 13, 2010, appellant was released from parole upon
his successful completion of disposition imposed by the
On May 13, 2011, appellant, now an adult, was charged by
indictment with one count of failing to provide notice of
change of address pursuant to R.C. 2950.05(F)(1) [Count I]
and one count of failing to register a new address pursuant
to R.C. 2950.05(F)(2) [Count II]. Both offenses were felonies
of the third degree. This case was filed in the Licking
County Court of Common Pleas as Case Number 2011 CR 00241.
On October 11, 2011, appellant entered pleas of guilty to
Counts I and II; the trial court convicted him and imposed a
community-control term of 3 years. Appellant was advised that
violating the terms of community control would result in a
prison term of 2 years upon Count I and 2 years upon Count
II, to be served concurrently.
On December 27, 2012, the juvenile court re-classified
appellant as a sexually-oriented offender in accord with the
Ohio Supreme Court's decision in State v.
Williams, 129 Ohio St.3d 344, 952, 2011-Ohio-3314, 952
N.E.2d 1108 [S.B. 10 cannot be constitutionally ...