Ransdell v. State
Decision Date | 13 December 2013 |
Docket Number | Case Number: 111589 |
Citation | 2013 OK 106 |
Parties | JOHN DAVID RANSDELL, Plaintiff/Appellant, v. STATE OF OKLAHOMA, ex rel. OKLAHOMA DEPARTMENT OF CORRECTIONS, and JUSTIN JONES as individually and as director, and JOHN DOE, all members of the Sex Offender Level Assignment Committee, Defendants/Appellees. |
Court | Oklahoma Supreme Court |
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
ORDER OF SUMMARY DISPOSITION
¶1 In this case, the record reflects Plaintiff/Appellant, John David Ransdell came to Oklahoma in 1999,1 well before the contested 2007-2008 sex offender level assignment system2 was enacted in Oklahoma. In our recent decision in Starkey v. Oklahoma Department of Corrections, 2013 OK 43, 305 P.3d 1004, we determined the level assignment system is not to be applied retroactively and the applicable version of the Sex Offenders Registration Act, 57 O.S., § 581 et seq., is the one in place when an out-of-state sex offender enters Oklahoma with the intent "to 'be in the state' for the requisite period . . . .3 " This case is dispositive of the issues presented.
¶2 Rule 1.201 of the Oklahoma Supreme Court Rules provides that Okla. Stat. tit. 12, chap. 15, app. 2 (Supp. 1997).
¶3 IT IS THEREFORE ORDERED that the district court's Journal Entry of Judgment filed February 15, 2013, is hereby reversed and remanded for further proceedings consistent with Starkey v. Oklahoma Department of Corrections, 2013 OK 43, 305 P.3d 1004.
¶4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 12th day of December, 2013.
CHIEF JUSTICE
I dissent for the same reasons that I stated in my dissent in Starkey v. Oklahoma Department of Corrections, 2013 OK 43, 305 P.3d 1004.
1. Exhibit 4, attached to Plaintiff's Response to Defendant's Motion to Dismiss, is a letter dated August 19, 2011, from Ransdell's attorneys to Lawana Hamrick at the Department of Corrections. In the letter it states...
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Davis v. Okla. Dep't of Corr.
... ... to the United States District Court for the Western District of Oklahoma and filed a motion to dismiss, arguing that the petition failed to state a claim on which relief could be granted. The federal court granted the motion in part, ruling that Davis had not stated a claim regarding federal ex ... See Bollin v. Jones, 2013 OK 72, 349 P.3d 537 ; Burk v. State ex rel. Dep't of Corr., 2013 OK 80, 349 P.3d 545 ; Ransdell v. State ex rel. Oklahoma Dep't of Corr., 2013 OK 106, 322 P.3d 1064. Starkey and these cases are dispositive of Davis's argument that the Ex Post ... ...