State v. Halderman

Summary

The Ohio Second District Court of Appeals held that the trial court improperly designated Shaun W. Halderman a sex offender after his misdemeanor conviction for unlawful sexual conduct with a minor. The court concluded that the record supported consensual sexual conduct, meaning the offense did not qualify as a sexually oriented offense under R.C. 2950.01, and that prior trial and appellate counsel were ineffective for failing to raise the issue. The court vacated its prior judgment, reversed the sex-offender designation, affirmed the judgment in all other respects, and remanded for the designation to be vacated.

Holdings

1. The offense did not qualify as a sexually oriented offense because the record established no evidentiary basis for finding that the victim did not consent to the sexual conduct, and R.C. 2950.01(A)(2) requires that the victim did not consent.
2. The trial court erred by designating Halderman a sex offender and imposing the concomitant registration requirement.
3. Trial counsel was ineffective for failing to challenge the sex-offender designation, and prior appellate counsel was ineffective for failing to raise the unlawful designation or ineffective assistance of trial counsel on direct appeal.

Questions Presented

1. Whether Halderman's misdemeanor conviction under R.C. 2907.04 constituted a sexually oriented offense under R.C. 2950.01(A)(2) when the record indicated that the sexual conduct was consensual.
2. Whether the trial court erred by designating Halderman a sex offender and imposing the related registration requirement.
3. Whether trial counsel was ineffective for failing to challenge the sex-offender designation.
4. Whether prior appellate counsel was ineffective for failing to raise the unlawful designation and ineffective-assistance-of-trial-counsel issues on direct appeal.

Disposition

reversed_and_remanded