Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Conley v. State

Court of Appeals of Ohio, Fifth District, Licking

November 2, 2017

JOSEPH CONLEY Plaintiff-Appellant
v.
STATE OF OHIO Defendant-Appellee

         Appeal from the Licking County Court of Common Pleas, Case No. 16 CV 01051

          For Plaintiff-Appellant: C. JOSEPH McCOY MICHAEL DEWINE

          For 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.

          OPINION

          Delaney, P.J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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.

         {¶3} 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 In 2007, Megan's Law was repealed and replaced with Ohio's version of the Adam Walsh Act [2007 Am.Sub.S.B.No. 10].

         {¶4} On January 11, 2008, appellant was classified as a Tier II juvenile offender registrant in accord with the Adam Walsh Act.

         {¶5} On November 13, 2010, appellant was released from parole upon his successful completion of disposition imposed by the juvenile court.

         {¶6} 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.

         {¶7} 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.

         {¶8} 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.