SMALLWOOD v. STATE

No. CA2011-02-021.

2011 Ohio 3910

Sherman Smallwood, Plaintiff-Appellant, v. State of Ohio, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Butler County.

August 8, 2011.


Attorney(s) appearing for the Case

Michael T. Gmoser , Butler County Prosecuting Attorney, Donald R. Caster , Government Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for defendant-appellee.

Sherman Smallwood , #A326-976, Chillicothe Correctional Institution, P.O. Box 5500, Chillicothe, Ohio 45601, plaintiff-appellant, pro se.


OPINION

HENDRICKSON, J.

{¶1} Appellant, Sherman Smallwood, appeals a decision of the Butler County Court of Common Pleas denying his motion to tax expenses to the state as costs after the Ohio Supreme Court determined his reclassification as a tier III sex offender under the Adam Walsh Act was unconstitutional.

{¶2} In December 1995, appellant was convicted of rape, felonious sexual penetration, and gross sexual...

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