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Sample Motions

• Petition to Contest Application of the Adam Walsh Act

• Motion for Immediate Relief from Community Notification  

• Complaint for Declaratory Judgment, Hamilton County, Dec. 28, 2007

• Sample Motion for Temporary Restraining Order
  The OPD Juvenile Section filed these motions for seven juveniles who were to be included on eSORN.  Cuyahoga, Montgomery, Pickaway, and Scioto counties granted TROs for six of the juveniles.  Although there is juvenile-specific language included, much of the language should be useful for anyone filing a request for a TRO.

• Sample Motion for Preliminary Injunction
  The OPD Juvenile Section filed these motions for seven juveniles who were to be included on eSORN.  Stark County granted an injunction for one of the juveniles.  Although there is juvenile-specific language included, much of the language should be useful to anyone filing a request for an injunction.

• Motion for Relief from Community Notification and Motion for Temporary Stay

• Affidavit of Indigency

• Petition to Contest Reclassification and Application of §§ 2950.01, et seq.

• Motion to Stay Enforcement of Community Notification

• Entry to Stay Enforcement of Community Notification

• Objection to Reclassification under SB 10
  From the Montgomery County Public Defender office, this motion challenges the reclassification of a petitioner who was originally classified during the 6-month period (July–December 2007) during which courts should have been holding “dual” classification hearings, and both classifying defendants under the old SORN law and informing them of their new registration duties under AWA.  Also contains argument that there was no relevant law in effect during that 6-month period.

• Petition to Contest Reclassification for Juvenile Offender Registrants

• Brief Challenging Constitutionality of SB10

• Response to Argument that Constitutional Challenges cannot be raised in SB10 hearing

Court Orders

• 6th District Stay Pending Appeal

• Athens County entry: Incarcerated person must file in county in which imprisoned

• Clermont County Entry Filing no Constitutional Violations

• Cuyahoga County Order Granting Preliminary Injunction

• Cuyahoga County Order Granting TRO

• **Cuyahoga County Opinion that SB 10 violates retroactivity clause and ex post facto**

• Franklin County Preliminary Injunction Order
  Judges Cain and Bender have issued identical orders

• Franklin County Entry to Stay Enforcement of Community Notification

• Franklin County Order Granting Final Relief from Community Notification

• Franklin County Order Invoking Stark County Injunction

• Franklin County Entry Denying Request for Preliminary Injunction
  This vacates the order from Judge Holbrook, linked directly above.

• Franklin County Entry Staying Enforcement of Community Notification (Judge Brown)

• Franklin County Order to not collect filing fees on SB 10 petitions

• Geauga County county-wide stay

• Hamilton County Stay Order
  This was issued in response to the Motion for Immediate Relief from Community Notification above.

• Hamilton County Entry Staying Enforcement of Community Notification

• Hamilton County Entry Staying Community Notification

• Lawrence County entry denying counsel

• Licking County Entry Denying Counsel

• Licking County Stay Order

• Licking County Preliminary Injunction Order

• Logan County Entry Appointing Counsel for SB10 Challenge Hearing

• Mahoning County county-wide stay

• Medina County County-Wide Stay

• Ottawa County Entry Staying Enforcement of Community Notification

• Pickaway County county-wide stay of community notification

• Pickaway County Order Granting TRO 1
  This was issued in response to the Sample Motion for Temporary Restraining Order above.

• Pickaway County Order Granting TRO 2
  This was issued in response to the Sample Motion for Temporary Restraining Order above.

• Richland County Order Staying Community Notification

• Ross County Entry Denying Counsel

• Scioto County Stay Order  (based on federal stay)

• Stark County Preliminary Injunction Order 1
  The original entry, as prepared by Magistrate Haupt, in Judge Haas' office. 

• Stark County Preliminary Injunction Order 2
  The version of the entry that Judge Brown has signed, and will continue to sign for petitions styled as civil cases.  

• Stark County Preliminary Injunction Order 3
  The version of the entry Judge Brown has signed, and will continue to sign for petitions filed in the underlying criminal cases. 

• Stark County Preliminary Injunction Order, Time-Stamped

• Stark County Entry Clarifying Application of AWA, filed May 14, 2008

• Summit County County-wide Stay Order

• Trumbull County Entry declaring petitions civil and denying appointment of counsel

• Union County county-wide stay

• Van Wert County Preliminary Injunction Entry

Challenges

Class Action Lawsuit, U.S. District Court, Northern District of Ohio

Filed by the Cuyahoga County Public Defender Office, the Office of the Ohio Public Defender, the ACLU of Ohio Foundation, and the Ohio Justice and Policy Center, this lawsuit seeks a declaratory judgment that the 60-day time limit on the filing of challenge petitions and the provisions that require community notification for newly-classified Tier III offenders without a prior hearing violate the procedural aspect of the Due Process Clause.

• Complaint for Declaratory and Injunctive Relief with Class Allegations

• Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction

• Order Extending 60-day Filing Deadline and Staying Community Notification

• Attorney General's Answer and Counterclaim

• Motion to Dismiss Counterclaim

• Plaintiffs' Supplemental Brief in Support of a Preliminary Injunction

• AG's Brief in Opposition to Motion to Dismiss Counterclaims

• Plaintiffs' Reply to Defendants' Brief

• Order denying preliminary injunction and dissolving agreed TRO

Class Action Lawsuit, Hamilton County

Filed by the Ohio Justice and Policy Center, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.

• Amended Complaint for Declaratory Judgment with Class Action Allegations

• Order Denying Class Certification

Class Action Lawsuit, Licking County

Filed by the Ohio Justice and Policy Center on behalf of adult and juvenile registrants, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.

• Amended Complaint for Declaratory Judgment with Class Action Allegations

• State of Ohio ex rel. S___ K___ v. Hon. Jeffrey M. Welbaum, Judge
  Filed in the 2^nd  District, this is a complaint for a writ of mandamus and/or prohibition, asking the Court to order Judge Welbaum to appoint counsel at state expense to represent Ms. K. in her efforts to challenge reclassification under SB 10.

• In re Darian S.
  Filed in the 3^rd District, this appeal concerns the classification of a juvenile offender.  Contains constitutional arguments, as well as the argument that because of the effective dates of SB 10, there was no sex offender classification law in effect from July 1 through Dec. 31, 2007.

• State of Ohio vs. M_____ B____
  Filed in the 7^th District, this appeal from the Municipal Court of Columbiana County challenges the application of SB 10 to a defendant whose offense occurred prior to the enactment of SB 10.  Contains constitutional claims, as well as the argument that because of the effective dates of SB 10, there was no sex offender classification law in effect from July 1 through Dec. 31, 2007.

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