IN THE SUPREME COURT OF OHIO
COLUMBUS, OHIO
The STATE ex rel.
JOHN RICHARD HUDIA, Individually
1313 Ransom St.
Sandusky, Ohio 44870
CASE NO.
Relator,
vs.
OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTION
770 West Broad Street
Columbus, Ohio 43222
COMPLAINT FOR WRIT OF
MANDAMUS
(Instructions for Service via
Certified Mail)
and
ERIE COUNTY SHERIFF
2800 Columbus Avenue
Sandusky, Ohio 44870
Respondents.
CLECidS OF COUJd7°
S!J['R[ME COURT 06: ONJO
Relator, John Richard Hudia, by and through undersigned counsel, for his
Complaint for Writ of Mandamus against Respondents, Ohio Department of
Rehabilitation and Correction and Erie County Sheriff (collectively "Respondents"),
states as follows:
1. Relator, John Richard Hudia is a resident of the State of Ohio and County
of Erie.
2. In 1991, Relator plead guilty to the crime of sexual battery, O.R.C.
§2907.03, a felony of the third degree, in Richland County Common Pleas
Court and was sentenced to one year at the Ohio Department of
Rehabilitation and Correction.
3. Relator duly served the foregoing one year determinate sentence from
1991 to 1992 at the Ohio Department of Rehabilitation and Correction and
was not placed on probation, parole or post release control for the offense.
4. Relator was returned to the Ohio Departinent of Rehabilitation and
Correction for a parole violation on a four (4) year to fifteen (15) year
indeterminate sentence for burglary, a felony of the second degree issued
in 1983 from Cuyahoga County Common Pleas Court.
5. In 1999 Respondent Ohio Department of Rehabilitation and Correction
issued to Relator a Notice of Registration Duties of Sexually Oriented
Offender.
6. Since 1999 Relator has been compelled by Respondents to comply with
said notice and under duress Relator has complied with the notice.
7. Relator camiot be required by Respondents to register as a sexual offender
because the registration requirements in O.R.C. Chapter 2950 apply only
to sentences that were imposed after, or ended after, July 1, 1997. State v.
Taylor, 100 Ohio St. 3d 172, 2003-Ohio-5452.
8. Relator's sentence for the crime of sexual battery as set forth in the
foregoing paragraphs two and tluee was both imposed and ended before
July 1, 1997.
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9. Neither the Richland County Common Pleas Court nor any other court in
this or any other state has made any determination that Relator is subject
to the registration requirements of O.R.C. Chapter 2950.
10. Relator's forced compliance with the registration requirements of O.R.C.
Chapter 2950 is burdensome, discriminatory and an extreme hardship.
11. Relator has a clear legal right to be free from the registration requirements
of O.R.C. Chapter 2950.
12. Respondents have a clear legal duty to notify Relator that he does not have
to register as a sexual offender.
13. Register has no plain or adequate remedy at law as there has never been a
court detemiination that he is required to register as a sexual offender.
14. Since Relator has a dispute with Respondents regarding registration as a
sexual offender he is required to handle this dispute directly with
Respondents. See State v. Kelly, 2007 WL 4145793 (Ohio App. 7 Dist.)
2007-Ohio 6228 and State v. Hayden, 96 Ohio St. 3d. 211,2002-Ohio4169.
15. Relator has met the established requirement for a writ to be issued: 1)
Relator has a clear right to the relief prayed for; 2) Respondents have a
clear legal duty to perform the acts requested; and 3) Relator has no plain
and adequate remedy in the ordinary course of law. State ex rel. Manson v.
Morris, 66 Ohio St. 3d 440, 441 (1993).
16. The within compliant for original writ of Mandamus is verified by the
attached affidavit by Michael A. Partlow, Attorney for Relator.
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WHEREFORE, Relator demands that this Honorable Court issue a writ of
mandamus finding that Relator, is legally entitled to be free from the registration
requirements of O.R.C. Chapter 2950, and directing Respondents to take all necessary
affirmative actions to notify Relator that he is free from the registration requirements of
O.R.C. Chapter 2950.
Respectfully submitted,
Michael A. Partlow (0037102)
Morganstern, MacAdams & DeVito Co., L.P.A.
623 West Saint Clair Avenue
Cleveland, Ohio 44113
(216) 621-4244 - phone
(216) 621-2951 - fax
Attorney for Relator John Richard Hudia
SERVICE
Service shall issue upon all Respondents, via certitied mail, through the Clerk of
the Ohio Supreme Court pursuant to S.Ct.Prac.R. X, Section 4(A).
Michael A. Partlow (0037102)
Attorney for Relator John Richard Hudia
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STATE OF OHIO )
)
SS: AFFIDAVIT OF MICHAEL A. PARTLOW
COUNTY OF CUYAHOGA)
I, Michael A. Partlow, am the attorney for Relator John Richard Hudia, I have
personal knowledge of the facts and averments in Relator's Complaint for Writ of
Mandamus, and I am coinpetent to testify to the following matters:
1. Relator, John Richard Hudia is a resident of the State of Ohio and County
of Eric.
2. In 1991, Relator plead guilty to the crime of sexual battery, O.R.C.
§2907.03, a felony of the third degree, in Richland County Common Pleas
Court and was sentenced to one year at the Ohio Department of
Rehabilitation and Correction.
3. Relator duly served the foregoing one year determinate sentence from
1991 to 1992 at the Ohio Department of Rehabilitation and Correction and
was not placed on probation, parole or post release control for the offense.
4. Relator was returned to the Ohio Department of Rehabilitation and
Correction for a parole violation on a four (4) year to fifteen (15) year
indeterminate sentence for burglary, a felony of the second degree issued
in 1983 from Cuyahoga County Common Pleas Court.
5. In 1999 Respondent Ohio Department of Rehabilitation and Correction
issued to Relator a Notice of Registration Duties of Sexually Oriented
Offender.
6. Since 1999 Relator has been compelled by Respondents to comply with
said notice and under duress Relator has complied with the notice.
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7. Relator cannot be required by Respondents to register as a sexual offender
because the registration requirements in O.R.C. Chapter 2950 apply only
to sentences that were imposed after, or ended after, July 1, 1997.
8. Relator's sentence for the crime of sexual battery as set forth in the
foregoing paragraphs two and three was both imposed and ended before
July 1, 1997.
9. Neither the Richland County Common Pleas Court nor any other court in
this or any other state has made any determination that Relator is subject
to the registration requirements of O.R.C. Chapter 2950.
10. Relator's forced compliance with the registration requirements of O.R.C.
Chapter 2950 is burdensome, discriminatory and an extreme hardship.
11. Relator has a clear legal right to be free from the registration requirements
of O.R.C. Chapter 2950.
12. Respondents have a clear legal duty to notify Relator that he does not have
to register as a sexual offender.
13. Register has no plain or adequate remedy at law as there has never been a
court determination that he is required to register as a sexual offender.
14. Since Relator has a dispute with Respondents regarding registration as a
sexual offender he is required to handle this dispute directly with
Respondents.
15. Relator has met the established requirement for a writ to be issued: 1)
Relator has a clear right to the relief prayed for; 2) Respondents have a
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clear legal duty to perform the acts requested; and 3) Relator has no plain
and adequate remedy in the ordinary course of law.
FURTHER AFFIANT sayeth naught.
W
SWORN TO BEFORE ME, and subscribed in my presence, this day of
March, 2009.
NOTARY PUBLIC
SRA1tON A. OVEI+;T[1Iti''
NOTARy PUBLIC < STATE OF OHIO
my Oorrimt8siem f xp€ias Nov. 17, 201®
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