Friday, January 4, 2019

The passage of the Alianna's Alert bill reminds us why we should oppose ALL named/ memorial laws

There are a few things we need to remember every time we see a bill named after someone  no matter what effects it has.

First, we should ALWAYS oppose the concept of a named law because "common sense" is typically not associated with that bill.

Second, even if a bill does something we feel is "positive," we should still be ready to confront the negative rhetoric surrounding them. Last time I went to Columbus to oppose a bill, there was a different bill in discussion we weren't there to fight related to a minor administrative change to a funding bill for SO programs and the usual rhetoric of "they all reoffend/ can't be cured"  :

Third, in regards to Alianna's Alert, consider the fact that few children are going to be absent because they were abducted and "brutally murdered" by registered citizens. Kids play hooky. Kids get sick and stay home. Sometimes, the parents don't answer the phone. Valuable resources will be wasted on routine absentees. Honestly, how many stories like the case that inspired this bill can any of us find? This is the same worst first thinking that gave us the registry.

This law is a steaming pile of bovine excrement that only exists because D'OHio is run by right wing tough on crime whack jobs that just passed the violent offender registry. We're going to go bankrupt expanding the registry even further and wasting resources on feel good measures like Alianna's Alert.

'Alianna's Alert' bill heads to Gov. Kasich to be signed into law
Posted: 3:10 PM, Dec 27, 2018  Updated: 11:10 PM, Dec 27, 2018
By: Ian Cross , Jordan Vandenberge

COLUMBUS — A bill that would require schools to call parents within two hours of the start of the school day if the child is absent received final approval from the Ohio House and now heads to Governor Kasich’s desk to be signed.

The language contained in the “Alianna’s Alert” bill was rolled into a difference piece of legislation, which passed the House of Representatives by a vote of 85-4.

Alianna Defreeze, 14, was lured away from the bus stop on Cleveland’s east side in January 2017 by convicted sex offender, Christopher Whittaker. A year later, Whittaker was convicted of torturing, sexually assaulting and murdering the girl before dumping her body in an abandoned home. Alianna’s disappearance ignited a city-wide search, and city officials held a press conference to announce a reward for any information regarding her whereabouts. Just hours after the press conference, authorities confirmed the worst.

The purpose of the bill is to take precautionary measures to ensure children are safe when they are absent from school.

“I’m elated. I was at work almost breaking down,” said Damon Defreeze, Alianna’s father. “It was very exciting to get a call from Senator (Sandra) Williams letting me know the bill did move onto the governor’s office.”

Senate Bill 82 was amended into House Bill 66 in an effort to get it passed by the end of the year. The Senate passed the amended bill last week unanimously. The bill now heads heads to Gov. Kasich to be signed into law.

“I’m very excited,” Senator Williams said over the phone Thursday. “I think this is good for the Defreeze family and I think it is good for all of the children who are traveling by themselves to school.”

As part of the legislation, all school districts in the state of Ohio will be required to notify a student’s parents or guardians within two hours if the child is absent from school.

The original version of the bill required school districts to make such a notification within one hour. However, the original language of the bill drew opposition from the Ohio School Boards Association and other lobbyist groups, Senator Williams said.

“It started out shaky but once we amended the bill to satisfy some of the people who were not very happy with it, it started moving pretty quickly,” Senator Williams said. “You have to give a little to get a little. Right now, that was the only way we could get it through the [Ohio School Boards Association] and others who were saying this was an unfunded mandate.”

Tuesday, October 9, 2018

Activists tell Brook Park its sex offender law is 'counterproductive'

Apparently the Brook Park city council is determined to NOT listen to reason.

Activists tell Brook Park its sex offender law is 'counterproductive'
Updated Oct 8, 12:20 PM; Posted Oct 8, 10:47 AM
By Beth Mlady, Special to

City Council is still mulling an ordinance that would place further residency restrictions on registered sex offenders.

BROOK PARK, Ohio -- During their Oct. 2 regular meeting, Brook Park City Council members heard strong opinions expressed by two advocates for responsible sex offender residency laws.

City Council has proposed an ordinance tightening restrictions on where registered sex offenders can live by adding parks to the 1,000-foot perimeter list. It also would prohibit two offenders from living together in the same dwelling.

"These laws are counterproductive and cause many unintended consequences," said Shelley Cernin, a volunteer with Ohio Rational Sex Offense Laws. "Residency restrictions don't work. Let's make sure we are passing laws that do more than just make us feel good."

Barb Wright of Ohio RSOL and the National Association for Rational Sexual Offense Laws agreed with Cernin. In addition, she maintained that Brook Park's ordinance goes against Ohio's Home Rule statutes.

"This is just another -- as our president likes to say -- witch hunt," Wright told council. "We're looking for the bad guy, but we're looking for him in the wrong places."

She followed up the next day with an e-mail to council members stating her belief that they will make their decision "based upon hysteria."

"Brook Park is not the first city to make that mistake, nor will it be the last," Wright said.

Residents previously voiced concern about three registered sex offenders staying at the Howard Johnson by Wyndham hotel on Brookpark Road. An Oct. 5 interview with Police Chief Jim Foster indicated that there was no cause for alarm.

"They stayed for the number of days they were registered for ... and then they moved on," Foster said. "It was just that simple. There was a public perception they were moving in there permanently."

Councilman Brian Poindexter said he wants "the strictest ordinance ... that won't be overturned by legal challenges," while Law Director Carol Dillon Horvath offered her assistance to make sure the city's law is "fair and rational."

"It's imperative we do something to protect the innocence of the children and protect the future of the city," added Council President Mike Vecchio, originator of the ordinance.

The legislation received its second public reading and then was placed in Safety Committee for further discussion.

Wednesday, October 3, 2018

Advocacy group challenges proposed Brook Park sex offender ordinance

From, and Kudos to Ohio RSOL

Advocacy group challenges proposed Brook Park sex offender ordinance
Updated Sep 29; Posted Sep 29
By Beth Mlady, Special to

An ordinance to further limit where registered sex offenders can live is still under consideration by Brook Park City Council.
BROOK PARK, Ohio -- Advocate Barbara Wright opposes Brook Park City Council's intention to further limit where registered sex offenders can live. The Brook Park ordinance under consideration adds parks to vicinity restrictions and also prohibits two sex offenders from living together in the same residential dwelling.

Wright, a member of advocacy groups Ohio Reform Sex Offender Laws (RSOL) and the National Association for Rational Sexual Offense Laws (NARSOL), sent a lengthy e-mail to and Brook Park Law Director Carol Dillon Horvath on Sept. 24.

"I am writing to challenge those restrictions as a violation of Brook Park's home rule authority," Wright wrote. "Brook Park is proposing restrictions which exceed Ohio law prohibiting residents from living within 1,000 feet of any school, preschool or daycare center. Ohio RSOL is in the process of identifying plaintiffs to challenge similar restrictions in Cuyahoga County."

When contacted by, Wright would not provide further comment.

She maintains in her e-mail, however, that the U.S. Department of Justice reports that "residency restrictions do not protect society," and she asserted that "non-registered residents of Brook Park are nine times more likely to commit sex crimes than registered residents."

"The Brook Park ordinance will do absolutely nothing to prevent the majority of sex crimes from occurring, and may even lead residents to a false sense of security, thereby allowing them to 'let their guard down,'" Wright indicated. "Vigilance starts at home, not in public parks and playgrounds."

Horvath said City Council at its most recent meeting granted her extra time to further study the issue, and she is doing that, particularly in regard to the home-rule aspect, since Brook Park is a home-rule city.

"Everybody has their own views ... and the city's position is that we're continuing to review and research the proposed legislation," Horvath told

The ordinance is slated to receive its second of three public readings during City Council's Oct. 2 meeting.

Saturday, July 28, 2018

Springfield Township man claims Ohio's sex offender parole law won't allow visits with son

Ohio's parole laws need to be reformed.

Springfield Township man claims Ohio's sex offender parole law won't allow visits with son
Paula Christian
6:00 AM, Jul 27, 2018

CINCINNATI -- A Springfield Township man filed a federal lawsuit challenging Ohio’s sex offender parole law as unconstitutional because it forbids him from seeing his 14-year-old son.

The Ohio Justice and Policy Center filed the lawsuit on Wednesday on behalf of a 50-year-old former high school teacher who is listed as John Doe in court filings.

In 2014, Doe was convicted of two counts of gross sexual imposition involving an 18-year-old female student at the school where he taught. He has no other criminal history, according to the lawsuit.

Doe served a three-year prison term and had regular visits with wife and his son. The family spoke on the phone nearly every day and sent letters and emails.

Now that Doe is out of prison, he is forbidden from moving back to the family home or having any contact with his son. He could not send his son a card or call him on his 14th birthday. He is not allowed to possess his son’s photograph, the lawsuit stated.

“Mr. Doe’s conviction made him subject to five mandatory years of what is known in Ohio as post-release control,” the lawsuit stated. “Though his offense did not involve a minor, the conditions of Mr. Doe’s PRC include a full prohibition on contact with any minors without the permission of his supervising officer.”

Now Doe is asking U.S. District Judge Michael Barrett for a temporary restraining order that would stop parole officers from enforcing the law, and allow him to live with his wife and son in their Forest Park home.

“Mr. Doe has no history of abusing his son and poses no risk to him … his son will be eighteen -- college-aged -- by the time his father is allowed to speak with him on the phone, send him a letter, or give him a hug as he did while in prison,” the lawsuit stated.

Doe is also at risk of getting a divorce from his wife of 26 years because he cannot live in the same house as his son.

“Mrs. Doe has been forced to choose between spending time with her husband … and devoting attention to her son … She feels guilty spending nights away from her son, so she does not stay overnight at Mr. Doe’s residence,” the lawsuit states. “Mr. and Mrs. Doe love each other, but Mrs. Doe is considering divorce because Mr. Doe cannot live with her or help her raise their child.”

Doe filed the lawsuit against his parole officer and parole supervisor, and a regional administrator at the Ohio Department of Rehabilitation and Correction’s adult parole authority office in Cincinnati.

In order to see his son, a parole officer told Doe that he must apply for a visit “in a controlled setting” that is supervised by a parole officer at Doe’s financial expense. Doe is unemployed and struggling financially. And during the visit, he would not be allowed to embrace his child as he could in prison, the lawsuit stated.

His parole officer would not allow Doe's brother, a licensed social worker, to supervise weekly visits with his son. As a result, Doe has not seen his son for more than six months.

“Mr. Doe’s family has been torn apart as a result of his absence," the lawsuit states. "His son misses his father and is suffering from anxiety because of the hardship caused by Mr. Doe’s absence."

The lawsuit claims that parole officers have deprived Doe of his fundamental right to parent his son and have a spousal relationship as well as violated his right to due process.

Friday, June 29, 2018

Ohio House approves updates 'sexting' law related to minors

Still has to be approved by the Senate

Ohio House updates 'sexting' law related to minors
• JUN 27, 2018 AT 10:22 PM

COLUMBUS — State Reps. Brian Hill (R-Zanesville) and Jeff Rezabek (R-Clayton) today applauded the House for passing legislation they jointly sponsored that provides another option to Ohio’s courts when dealing with juveniles charged with possessing sexually explicit digital material, or engaging in “sexting” with a minor.

It was one of several bills OK’d today by the Ohio House of Representatives.

This bill takes into account the growing dilemma of juveniles who engage in “sexting” with other juveniles and the charges that may be filed by prosecutors by law. House Bill 355 prohibits anyone under the age of 19 from creating, distributing, or possessing sexually explicit digital material that depicts a minor through a phone or computer.

The law serves as an alternative option for prosecutors when determining whether to charge the offender with a felony, which has lifelong implications, or nothing at all. Offenders under the age of 19, and in which the victim was less than four years younger than the offender and over the age of 13, would then be eligible for a charge which carries with it a mandatory diversion program, which would cover a host of issues related to sexting, educating our youth about the dangers of doing so.

Provisions were placed in the bill to ensure that prosecutors can charge a more serious offense under qualifying circumstances if they want to pursue a heightened charge, rather than the diversion program.

Rep. Hill introduced the legislation after an incident in his district where a young man committed suicide after he faced potentially felonious charges from sexting with his girlfriend. Rep. Hill hopes the bill will give these individuals a second chance. As scenarios differ case-by-case, House Bill 355 will give prosecutors more options to consider the facts of what happened and seek an appropriate punishment.

“I’m happy to see this bill pass that will give young people a second chance when they have made a stupid mistake,” Rep. Hill said. “I do not condone the activity, but I don’t believe a young person should be a felon or sex offender as a result of a first offense for sexting.”

Rep. Rezabek utilized his knowledge of the juvenile court system while working on the legislation, and hopes to allow prosecutors to save the felony charges for the truly heinous individuals who are preying on juveniles, and possessing or distributing child pornography.

“I’m very proud the House has passed this piece of legislation,” Rep. Rezabek said. “Along with Chairman Hill, we were able to see his vision through in helping juveniles who made a mistake to fix and correct their actions.”

The bill will now go to the Ohio Senate for further consideration.

Wednesday, June 27, 2018

Ohio House passes bill to expand acts requiring registration

This is a stupid proposal, but Schaffer's "gateway" comment is worse. This is why even minor alterations of the law left unchecked is dangerous.

Child flashers will have to register as sex offenders under bill passed by Ohio House

By Laura A. Bischoff, Columbus Bureau

The Ohio House voted 80-0 for a bill that steps up penalties for people who masturbate in view of or expose themselves to children. These kiddie flashers would be required to register as tier 1 sex offenders for 15 years.

The ACLU of Ohio opposed the bill, saying expanding the sex offender registry in ineffective at best and harmful at worst.

“There is no evidence these policies and laws keep people safer or reduce recidivism,” said Gary Daniels of the ACLU of Ohio in written testimony. Exiling sex offenders and making it more difficult to find housing and unemployment increase the chances they will commit another offense, he said.

A panel that reviewed Ohio’s criminal laws recently recommended that court hearings should be held to determine if someone should be required to submit to tier one reporting.

People on the tier one reporting list cannot live within 1,000 feet of a day care center or school.

State Rep. Tim Schaffer, the bill sponsor, said in written testimony that he was shocked to learn that a man who exposed himself to children on passing school buses in Fairfield County wasn’t required to register as a sex offender.

He noted that the bill is written so that only offenders who knowingly expose themselves for sexual gratification would be targeted — not a college student urinating in an alley, for example. Schaffer said law enforcement told him that public indecency is sometimes a gateway to more serious crimes.

Thursday, June 21, 2018

Reagan Tokes Act passes Ohio House

I am wary of any bill named after a person, but admittedly, I haven't even heard of this bill until today.

Reagan Tokes Act passes Ohio House

PUBLISHED: 06/20/18 10:37 AM EDT
UPDATED: 06/21/18 10:30 AM EDT

A bill named after murdered Ohio State student Reagan Tokes cleared a major legislative hurdle.

The Ohio House version of the Reagan Tokes Act was passed 83-3 during a floor vote Wednesday afternoon.

“This is huge day, certainly thrilled that this received such bi-partisan support,” Rep. Kristin Boggs, D – District 18 one of the primary sponsors of the bill.

The bill is named after Ohio State student Reagan Tokes, who was kidnapped, raped and murdered in February of 2017 by Brian Golsby, a convicted sex offender, who was convicted in March and sentenced to life in prison.

Prosecutors say Tokes was abducted in the Short North area as she left work from her job at Bodega restaurant and bar.

Golsby had been released from prison just three months before Tokes’ death in November of 2016 and was wearing a GPS ankle monitor at the time of the crime. Police records show Golsby committed a string of robberies in the weeks – and even the day before – Tokes’ murder.

Golsby had served six years in prison for attempted rape and robbery and acquired 52 sanctions while behind bars. Despite evidence he was not rehabilitated, state law required him to be released. The Tokes Act seeks to change that.

House Bill 365 would dramatically change how violent felons are sentenced to prison and how they are watched once they are released.

The legislation followed a series of 10 Investigates reports that exposed failures of the state’s parole system to closely track Golsby and others.

“You've done a great job -- you and your station have analyzed a lot of this stuff and pointed out examples of where they have not been monitored and we have victims throughout the state because of it,” Rep. Jim Hughes, R – District 24, told 10 Investigates Wednesday.

The legislation also has two companion bills in the Ohio Senate.

SB 201 was voted out of the Senate in May. It seeks to create indeterminate sentencing in Ohio, which would allow judges to sentence violent felons to a range of years in prison rather than a finite amount of years.

The idea is to incentivize inmates to behave while in prison. If they behave, there’s a chance their sentences could be reduced.

If they act out – as Golsby did – they could receive a lengthier prison term.

Under current Ohio law, offenders cannot be given additional for misbehaving while incarcerated.

SB 202 attempts to address the other issues raised in the legislation – creating a statewide GPS database for offenders, forcing the Ohio Department of Rehabilitation and Correction to create a re-entry program for hard-to-place offenders and reducing the caseload burdens for parole officers.

HB 365 encompasses all the components of both SB 201 and SB 202.

The major difference – HB 365 strips all the power from ODRC when it comes to the issue of determining if an inmate should be released early from prison. HB 365 calls for a sentencing judge to make that determination. SB 201 would leave the power with ODRC to determine if that the inmate is going to be released early but allows a judge to veto the decision.

The Ohio Public Defenders have spoken in opposition of HB 365 bill saying that it will cost the state hundreds of millions of dollars and force the state to build more prisons. The group has said that SB 201 is more palatable.

10 Investigates reached out to ODRC for comment but did not hear back before news time.

The Tokes family filed a wrongful death lawsuit against ODRC alleging that they were negligent and failed to closely monitor Golsby.

Attorneys for the state have responded to that lawsuit – asking that it be dismissed – and stating in part that Tokes’ death was caused "by Brian Golsby. And Brian Golsby alone. DRC is not legally responsible for what he did."

Monday, March 26, 2018

CSU QB isn't on SOR because he was convicted as a minor

This article discusses whether registered persons deserve the right for second chances. Derek Logue of was also cited in this story.

CSU QB isn’t on sex offender registry because conviction came as minor
By Josh Sweigart and Max Filby - Staff Writer

Posted: 5:00 a.m. Saturday, March 24, 2018

Central State University football player Trent Mays was convicted in 2013 along with a Steubenville High School teammate of raping a 16-year-old girl who was incapacitated by alcohol. But because Mays was a juvenile at the time, his conviction does not appear on the sex offender registry.
If not for widespread publicity of the crime, Mays’ conviction would be unknown to many of his fellow students, and possibly to the school.

Central State officials would not comment on their decision to allow Mays to enroll and play football, citing federal laws protecting student privacy.

Mays is one of 15 registered sex offenders in Greene County and 43 in Montgomery County who are not on the public registry because they committed their crimes as juveniles. Many of them are now adults.

State law requires juvenile offenders to report to the sheriff’s office where they live, but not where they go to school.

TOM ARCHDEACON: Trent Mays learning to make right decisions at CSU 

Greene County officials say Mays is the only juvenile offender who has reported a current college address in Greene County and none have registered a college or university in Montgomery County.

Ma’lik Richmond, who was convicted along with Trent Mays for the Steubenville rape, faced intense public pressure when Youngstown State let him on their team last year. The school said the team wouldn’t let him play after an online petition called for his removal from the team. Richmond ended up playing following a settlement with the school after he filed a lawsuit.

A pitcher at Oregon State quit the college’s baseball team after a newspaper revealed he was charged with molesting a six-year-old girl when he was 15.

RELATED: Sex offender says Ohio’s registry ‘destroys lives,’ should be abolished

“He went from being a major league draft possibility to being not drafted at all and probably won’t ever play baseball his entire life,” said Derek Logue, a registered sex offender in Cincinnati who now runs a website advocating for abolishing the registry. “His life is ruined.”

In response to this incident, Oregon State this year enacted a new policy requiring all prospective students to self-report if they have prior convictions or sex offenses. Similar policies exist at some, but not all, Ohio schools.

RELATED: Student twice charged and acquitted of rape wants to put past behind

Logue doesn’t believe any new laws or restrictions are needed in Ohio schools.

“You have these laws that dictate every aspect of how we live our lives…and the laws just seem to pile up year after year,” he said. “In time it begins to restrict our ability to become a productive member of society.”

Registered Citizen says Ohio’s registry ‘destroys lives,’ should be abolished

It is not often I get a news article just on my own personal struggles with the law. Of course, they added Butler County Prosecutor Mike Gmoser as the "Big But" to the story, but I'm just going to leave a couple of articles about him HERE and HERE and leave it at that.

Sex offender says Ohio’s registry ‘destroys lives,’ should be abolished
By Josh Sweigart and Max Filby - Staff Writer

Posted: 4:00 a.m. Friday, March 23, 2018

Derek Logue is a member of one of the few groups it is socially acceptable for people to openly hate. He knows online comments on this story will likely refer to him in the most vulgar terms, and no one will come to his defense.

But Logue said people like him are being unfairly discriminated against, and he thinks something should be done about it.

Logue is one of 17,236 adult registered sex offenders in Ohio, a group whose criminal histories are accessible to anyone with an internet connection.

Offenders must list with the local sheriff’s office the addresses of where they live, work, volunteer and go to school — information, along with their photograph, that is put into an online database. Depending on the severity of their crimes, they have to register between once a year for 15 years or — in the most serious cases — every 90 days for life.

Many also face restrictions on living too close to a school or daycare.

‘I served my time’

While some people have called for more public notification and oversight of offenders, Logue believes the entire registry should be taken down.

“The registry destroys lives,” said Logue, who will spend the rest of his life on the registry. “It has destroyed my life.”

Logue was convicted in Alabama in 2001 of sexually abusing an 11-year-old girl when he was 22, and spent three years in prison. When he was released, he moved to Cincinnati and was required by the state of Ohio to register as a “predator.”

Logue unsuccessfully challenged that designation in court, saying it is a higher label than Alabama considered his offense.

“I committed a crime. I served my time,” he said. “It’s one of those things you certainly regret and wish you could take back.”

Logue said the registry attaches an unfair label on individuals.

“If you’re a registered person people assume you’re a pedophile, that you’re a predator, that you’re just going to rape and molest at the first opportunity,” he said. “And that’s simply untrue.”

‘Absolutely essential’

Butler County Prosecutor Mike Gmoser doesn’t have much sympathy for Logue’s argument, saying public distrust “is the price people pay when they commit crimes.”

“We need to track these people,” he said. “I think the sex offender registry is absolutely essential and something that perhaps a sex offender should’ve thought about before he engaged in something he presumably knew was illegal and against all social norms.”

But Logue said the harm done by the registry goes beyond public embarrassment. Because his home address is listed on a publicly searchable database, he said he faces danger every time he walks out his front door or rides his bike to the grocery store.

“It’s a very real possibility,” he said of someone taking it upon themselves to do him harm.

Forced to move

Logue is sitting in an armchair of his ramshackle apartment in northern Cincinnati a few yards from a railroad line that routinely shakes the building as trains go by.

He considers himself lucky to have a place to live. He has been homeless. He was previously forced to move because his apartment at the time was too close to a vocational school. He said it once took him 130 phone calls over seven months to find a landlord willing to rent to him.

“I would call and ask if they’d take me. I would get not just a ‘No’,” but ‘Aw, hell no!’”

He said he is on disability because of depression and anxiety.

“The day I got my disability was one of the happiest days of my life,” said Logue, who has a bachelor’s degree but said he could only get low-wage jobs that would never last more than a few months because customers or co-workers would see him on the registry.

“You’re only going to be (able to hold a job) until someone finds out you’re on the list and makes an issue out of it,” he said.

‘Balancing act’

Logue now runs a website advocating for reform to Ohio sex offender laws. There’s no registry for murderers, or drug dealers and gang members, he argues, so there shouldn’t be one for sex offenders who he says are statistically unlikely to re-offend.

“We’re focused so much on this public registry and we advertise it as a ‘tool’ to help people look for potential threats in society, but people do not use the registry for that purpose,” he said.

“First of all most people don’t look at the registry, and second of all, even when they do look at the registry, they don’t look at it because they’re necessarily concerned for their public safety, they look at it because of salacious reasons.”

But Gmoser said public safety is outweighed by any inconvenience people on the registry may face.

“It’s a balancing act and I fall in favor of society that has not engaged in crime and just wants to live a peaceful, safe life in a peaceful, safe neighborhood,” he said.

Sunday, March 11, 2018

Ohio Supreme Court to review Bellevue obscenity case

From the Fremont News-Messenger

Ohio Supreme Court to review Bellevue obscenity case

Daniel Carson, Reporter Published 10:45 a.m. ET March 11, 2018

TOLEDO - A legal issue raised by a Bellevue man convicted of pandering obscenity will be decided by the Ohio Supreme Court

In a decision issued Friday, the Ohio 6th District Court of Appeals in Toledo also vacated the four-year prison sentence of Glen Gilbert, 76, of Bellevue, remanded his case to Sandusky County Common Pleas Court, and ordered the state to pay the costs of Gilbert's appeal.

The appeals court ruled that the common pleas court did not inform Gilbert of the residential restrictions for sexual offenders, as required in Ohio Revised Code 2950.034, rendering his guilty plea involuntary.

The appeals court noted that its decision conflicted with a decision on sexual offender residential restrictions and notifications made by the 8th District Court of Appeals in State v. Creed.

The court certified Gilbert's case for review and final determination by the Ohio Supreme Court.

Sandusky County Prosecutor Tim Braun said Friday that all appellate court districts have the different ability to create law.

When there are conflicting appellate decisions, it is up to the state supreme court to review and decide the matter, Braun said.

In Gilbert's case, the 6th District Court of Appeals ruled that defendants needed to be notified of sexual offender residential restrictions, he noted.

"These are all things they (defendants) want to be advised of during their plea," Braun said.

Gilbert originally faced four felony charges after police responded to an internet post seeking a sexual encounter with a teen girl.

Gilbert posted on the website Craigslist and believed he was communicating with a 13-year-old girl when Bellevue Police Detective Eric Burt responded to the man's request for a sexual encounter with a teen, according to police.

Gilbert pleaded guilty in September 2016 to one felony count of pandering obscenity involving a minor.

In a separate ruling on Friday, the Ohio 6th District appeals court denied an appeal  involving Gage Villarreal, 20, of Gibsonburg.

The Sandusky County Common Pleas Court sentenced Villarreal to 18 months in prison in May on a telecommunications fraud charge after the man admitted he had been involved in an online banking scheme to take money from a credit union.

Villarreal appealed the trial court's decision.

The appeals court ruled that Villarreal's due process rights were not violated by the trial court and that the Sandusky County court did not err in imposing cost of confinement and court-appointed counsel on Villarreal.