From Casetext: Smarter Legal Research

State v. Peterson

Court of Appeals of Ohio, Second District, Greene County
Apr 7, 2006
2006 Ohio 1816 (Ohio Ct. App. 2006)

Opinion

C.A. No. 2005 CA 44.

Rendered on April 7, 2006.

Criminal Appeal from Common Pleas Court, T.C. NO. 2004 CR 873.

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

Patrick J. Conboy II, Atty. Reg. No. 0070073, 5613 Brandt Pike, Huber Heights, Ohio 45424, Attorney for Defendant-Appellee.


OPINION


{¶ 1} The State of Ohio appeals from the dismissal of one count of an indictment charging defendant-appellee Cory Peterson with Domestic Violence. The State's sole assignment of error is as follows:

{¶ 2} "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."

{¶ 3} The State's assignment of error is overruled upon the authority of State v. Ward (March 24, 2006), Greene App. No. 2005-CA-75. Based upon our reasoning in that opinion, we agree with the trial court's conclusion that the extension, in R.C. 2919.25(F)(1)(a)(i), of the protections of the Domestic Violence statute, to "a person living as a spouse" violates the Defense of Marriage amendment to the Ohio Constitution, Article XV, Section 11.

{¶ 4} Accordingly, the judgment of the trial court is Affirmed.

Brogan, J., concurs.


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


Summaries of

State v. Peterson

Court of Appeals of Ohio, Second District, Greene County
Apr 7, 2006
2006 Ohio 1816 (Ohio Ct. App. 2006)
Case details for

State v. Peterson

Case Details

Full title:State of Ohio, Plaintiff-Appellant, v. Cory J. Peterson, Defendant-Appellee

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

Date published: Apr 7, 2006

Citations

2006 Ohio 1816 (Ohio Ct. App. 2006)