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State v. James

Court of Appeals of Ohio, Second District, Greene County
Jul 14, 2006
2006 Ohio 3650 (Ohio Ct. App. 2006)

Opinion

C.A. No. 2005 CA 83.

Rendered on July 14, 2006.

Criminal Appeal from Common Pleas Court, T.C. NO. 2005 CR 0255.

Elizabeth A. Ellis, Atty. Reg. No. 0074332, Assistant Prosecutor, 61 Greene Street, Xenia, Ohio 45385, Attorney for Plaintiff-Appellant.

Bahjat M. Abdallah, Atty. Reg. No. 0078504, 322 S. Patterson Blvd., Suite 101, Dayton, Ohio 45402, Attorney for Defendant-Appellee.


OPINION


{¶ 1} The State of Ohio appeals from an order of the trial court dismissing an indictment against defendant-appellee Jonah James for Domestic Violence.

{¶ 2} James allegedly assaulted his live-in girlfriend, Samantha Coleman, in April, 2005. James was charged by indictment with Domestic Violence, as a felony of the third degree, James having four prior Domestic Violence convictions.

{¶ 3} James moved to dismiss the indictment, contending that the application of the Domestic Violence statute, R.C. 2919.25, to a "person living as a spouse" violates the Defense of Marriage amendment to the Ohio Constitution, Article XV, Section 11. The trial court agreed, and dismissed the indictment.

{¶ 4} The State's sole assignment of error is as follows:

{¶ 5} "THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT DECLARED REVISED CODE SECTION 2919.25, UNCONSTITUTIONAL, AS IT RELATES TO COHABITATING PARTNERS, PURSUANT TO ARTICLE 15, SECTION 11 OF THE OHIO CONSTITUTION."

{¶ 6} The parties are making the same arguments that were made in State v. Ward (March 24, 2006), Greene App. No. 2005-CA-75. We follow our decision in that case, overrule the State's sole assignment of error, and affirm.

Brogan, J., concurs.


{¶ 7} I disagree for the reasons set forth in my dissent in State v. Ward.


Summaries of

State v. James

Court of Appeals of Ohio, Second District, Greene County
Jul 14, 2006
2006 Ohio 3650 (Ohio Ct. App. 2006)
Case details for

State v. James

Case Details

Full title:State of Ohio, Plaintiff-Appellant v. Jonah James, Defendant-Appellee

Court:Court of Appeals of Ohio, Second District, Greene County

Date published: Jul 14, 2006

Citations

2006 Ohio 3650 (Ohio Ct. App. 2006)