Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hautzenroeder v. DeWine

United States Court of Appeals, Sixth Circuit

April 11, 2018

Julie Hautzenroeder, Petitioner-Appellant,
v.
Michael DeWine, Ohio Attorney General, Respondent-Appellee.

          Argued: January 24, 2018

          Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:16-cv-00443-Michael R. Barrett, District Judge.

         ARGUED:

          Wendy R. Calaway, THE LAW OFFICE OF WENDY R. CALAWAY, CO., L.P.A., Cincinnati, Ohio, for Appellant.

          M. Scott Criss, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

         ON BRIEF:

          Wendy R. Calaway, THE LAW OFFICE OF WENDY R. CALAWAY, CO., L.P.A., Cincinnati, Ohio, for Appellant.

          Stephanie L. Watson, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

          Before: COLE, Chief Judge; SILER and COOK, Circuit Judges.

          OPINION

          COOK, Circuit Judge.

          Due to her conviction for sexual battery, Julie Hautzenroeder must forever comply with Ohio's sex offender registration and notification laws. After her release from prison and community control, Hautzenroeder filed a habeas petition under 28 U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. The district court dismissed the petition, deciding that it lacked jurisdiction under § 2254 because Hautzenroeder was no longer "in custody." Hautzenroeder timely appealed, and we AFFIRM.

         I. BACKGROUND

         An Ohio jury found Hautzenroeder, a high school teacher, guilty of one count of sexual battery involving a student. Although her state court appeals were unsuccessful, Hautzenroeder benefitted from the trial court's suspending most of her two-year prison sentence and discharging her early from community control. But no court could suspend Hautzenroeder's statutorily-mandated classification as a Tier III sex offender with its associated lifetime reporting requirements. See Ohio Rev. Code §§ 2950.01(G)(1)(a), 2950.07(B)(1).

         Hautzenroeder's federal habeas petition alleged a due process violation stemming from insufficient evidence supporting her conviction. Ohio moved to dismiss, arguing that the district court lacked jurisdiction over the petition because Hautzenroeder filed it after her period of incarceration and community control expired-in other words, when she was no longer "in custody." Agreeing with a magistrate judge's report and recommendation, the district court dismissed her petition for want of jurisdiction. That court's later grant of a certificate of appealability as to "whether petitioner ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.