Hautzenroeder v. DeWine, No. 17-3395 (6th Cir. 2018)
Annotate this CaseAn 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, the trial court suspended most of her two-year prison sentence and discharged her early from community control. No court could suspend Hautzenroeder’s statutorily-mandated classification as a Tier III sex offender with lifetime reporting requirements, 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. The Sixth Circuit affirmed the dismissal of her 28 U.S.C. 2254 petition for lack of jurisdiction because Hautzenroeder filed it after her period of incarceration and community control expired— she was no longer “in custody.” Changes in Ohio’s registration requirements did not mean that being subject to the requirements would constitute being in custody.
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