Hart v. State

2010 Ohio 4985, 936 N.E.2d 497, 127 Ohio St. 3d 72

Opinion

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. III.

Dinsmore & Shohl, L.L.P., Michael J. Newman, Christopher R. McDowell, and Kurt R. Hunt, for appellant. Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellee.

{¶ 2} The judgment of the court of appeals is reversed as to that portion of the judgment that rejected a constitutional challenge to the Adam Walsh Act on separation-of-powers grounds on the authority of State v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424, 933 N.E.2d 753, and the cause is remanded to the trial court for further proceedings, if any, necessitated by State v. Bodyke.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.