State v. Lorton

Summary

The Ohio Third District Court of Appeals affirmed the Mercer County Common Pleas Court’s classification of Dwayne E. Lorton as a sexual predator under the pre-2008 sex-offender classification statutes. The court held that the trial court properly considered the statutory factors and that its determination was supported by competent, credible evidence, including the parties’ factual stipulations.

Holdings

1. The law-of-the-case doctrine did not bar the trial court from conducting the required sexual-predator analysis because the prior finding arose in the initial trial-court proceeding, not a prior appellate proceeding, and the trial court had not previously considered all factors required by former R.C. 2950.09(B)(2).
2. The sexual-predator classification was supported by some competent, credible evidence and therefore was not against the manifest weight of the evidence.

Questions Presented

1. Whether the law-of-the-case doctrine barred the trial court from determining on reclassification that Lorton was likely to commit another sexually oriented offense after the trial court had previously found him unlikely to commit future crimes under sentencing statutes.
2. Whether the trial court's sexual-predator classification was supported by clear and convincing evidence.

Disposition

affirmed