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EVANS v. STATE

No. 08-CA-247.

2009 Ohio 3634

Robert Evans, Jr., Petitioner-Appellee, v. State of Ohio, Respondent-Appellant.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: July 23, 2009.

Attorney(s) appearing for the Case

State of Ohio, Frank Ardis, Jr., Assistant Prosecuting Attorney, Richland County Prosecutor's Office, 38 South Park, Mansfield, Ohio 44902, Kirsten Pscholka-Gartner, Assistant Prosecuting Attorney, Richland County Prosecutor's Office, 38 South Park, Mansfield, Ohio 44902, for Respondent-Appellant.

Robert Evans, P.I.N. A-431656.00, Richland Correctional Institution, 1001 Olivesburg Road, P.O. Box 8107, Mansfield, Ohio 44901-8017, for Petitioner-Appellee.

Before: Hon. Sheila G. Farmer, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, J.

{¶1} Respondent-appellant State of Ohio appeals a judgment of the Richland County Court of Common Pleas, which found Senate Bill 10, Ohio's Adam Walsh Act, to be unconstitutional. Petitioner-appellee is Robert Evans.

STATEMENT OF THE CASE1

{¶2} Following a jury trial, on May 8, 2002, Appellee was convicted of one count of attempted rape and one count of...

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