CHOJNACKI v. CORDRAY

Nos. 2008-0991 and 2008-0992.

126 Ohio St.3d 321 (2010)

2010-Ohio-3212

CHOJNACKI, Appellant, v. CORDRAY, ATTY. GEN., Appellee.

Supreme Court of Ohio.

Decided July 13, 2010.


Attorney(s) appearing for the Case

Timothy Young, Ohio Public Defender, and Jason A. Macke and Sarah M. Schregardus, Assistant Public Defenders; and Kelly K. Curtis, for appellant.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, David M. Lieberman, Deputy Solicitor, and Christopher P. Conomy, Assistant Solicitor, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney and John T. Martin, Assistant Public Defenders; Yeura R. Venters, Franklin County Public Defender, and Paul Skendelas, Assistant Public Defender; R. Paul LaPlante, Lake County Public Defender, and Vanessa R. Clapp, Supervising Attorney; Glen H. Dewar, Montgomery County Public Defender; Tammi R. Johnson, Stark County Public Defender, and Jean A. Madden, Assistant Public Defender; ACLU of Ohio Foundation, Inc., and Carrie L. Davis; and Gamso, Helmick & Hoolahan and Jeffrey M. Gamso, urging reversal for amici curiae Cuyahoga County Public Defender, Franklin County Public Defender, Lake County Public Defender, Montgomery County Public Defender, Stark County Public Defender, and American Civil Liberties Union.


{¶ 1} These consolidated causes present a single issue for resolution: Is a judgment denying a request for the appointment of counsel in a reclassification hearing held pursuant to 2007 Am.Sub.S.B. 10 ("S.B. 10" or the "Adam Walsh Act") a final, appealable order?

{¶ 2} Appellant pleaded guilty to three counts of unlawful sexual activity with a minor in Cuyahoga County and was sentenced in 2006 to four years in prison on each count...

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