In re T.R.

Citations

• 2020 Ohio 4445

Syllabus

JUVENILE – SEX OFFENSES – SENTENCING – ADAM WALSH ACT – TIER CLASSIFICATION – CONSTITUTIONAL LAW/CRIMINAL – DUE PROCESS – DOULE JEOPARDY: The juvenile court violated the juvenile's due process rights by classifying him as a Tier II juvenile-offender registrant under Ohio's version of the Adam Walsh Act outside of his presence therefore, the cause must be remanded for classification in the juvenile's presence. The juvenile court did not violate the juvenile's right to be free from double jeopardy where the court modified the magistrate's decision declining to classify the juvenile under the Adam Walsh Act to include a Tier II juvenile-offender registrant classification, because the juvenile had no expectation of finality in the magistrate's decision. The failure of the juvenile court to properly notify the juvenile of his Tier II registration duties at the time it imposed the tier classification did not affect the validity of the classification. Where the juvenile was adjudicated delinquent in four cases for rape of a child under the age of 13, the court's docketing of an entry adopting the magistrate's decision, which did not classify the juvenile as a tier offender under the Adam Walsh Act, in one of the cases did not preclude the juvenile court from classifying the juvenile in the other three cases.