Summary
The Ohio Supreme Court considered whether R.C. 2950.09(B)(2), which requires judges to consider specified factors in sexual-predator determinations, violates the separation-of-powers doctrine. The court held that the statutory factors are nonexclusive guidelines that judges must consider but may weigh in their discretion, and therefore do not improperly encroach on judicial fact-finding authority. The court reversed the appellate judgment and reinstated the trial court’s sexual-predator determination.
Topics
Practice areas
Questions Presented
- Whether R.C. 2950.09(B)(2) violates the separation-of-powers doctrine by requiring a trial judge to consider specified factors in determining whether an offender is a sexual predator.
Holdings
- R.C. 2950.09(B)(2) does not violate the separation-of-powers doctrine because it requires a judge to consider the listed guidelines but leaves the judge discretion to determine the weight, if any, assigned to each factor and does not divest the court of its fact-finding authority.
Key quotations
“These guidelines provide consistency in the reasoning process. Without such guidelines, judges would be left in uncharted waters and decisions on whether a defendant was a sexual predator could vary widely depending on a judge’s own viewpoint on the issue.” (at 587)
“We find that a judge must consider the guidelines set out in R.C. 2950.09(B)(2), but the judge has discretion to determine what weight, if any, he or she will assign to each guideline.” (at 588)
“Pursuant to R.C. 2950.09(B)(2), a judge may also consider any other evidence that he or she deems relevant to determining the likelihood of recidivism.” (at 588)
Factual background
David M. Thompson was convicted of rape, aggravated robbery, and felonious assault in 1975 and was later paroled before violating parole and being reincarcerated. In 1999, the trial court held a sexual-predator hearing under R.C. 2950.09 based on the rape conviction and classified Thompson as a sexual predator. The appellate court reversed on the ground that the statutory factors improperly invaded the judiciary's fact-finding authority.
Procedural history
Thompson was convicted of rape, aggravated robbery, and felonious assault and later received a sexual-predator determination after a hearing under R.C. 2950.09. The trial court classified him as a sexual predator. The appellate court reversed, holding that R.C. 2950.09 violated separation of powers by prescribing evidence the trial court had to consider, and remanded with instructions that the statutory factors were optional. The Supreme Court of Ohio reversed the appellate court and reinstated the trial court's judgment.
Remand instructions
The Supreme Court reversed the appellate court's judgment and reinstated the trial court's sexual-predator determination.