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State v. Ward

Court of Appeals of Ohio, Second District, Greene County
Jul 21, 2006
2006 Ohio 3761 (Ohio Ct. App. 2006)

Opinion

C.A. No. 2005 CA 96.

Rendered on July 21, 2006.

Criminal Appeal from Common Pleas Court, T.C. No. 05 CR 415.

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} Douglas Ward was indicted with one count of domestic violence, a felony of the fourth degree, arising out of the assault of his live-in girlfriend on May 22, 2005. Ward moved to dismiss the charge, arguing that it violated the so-called Defense of Marriage amendment to the Ohio Constitution, Article XV, Section 11. On August 17, 2005, the court dismissed the charge. The State appeals.

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

{¶ 3} `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."

{¶ 4} The State claims that the trial court erred when it found R.C. 2919.25 unconstitutional as it applies to persons living as spouses.

{¶ 5} The State describes the victim as Ward's "live-in girlfriend." There is no suggestion that they were married, had been married, or had any children together. Accordingly, based on the record and the State's representation, the victim was a "person living as a spouse" under R.C. 2919.25.

{¶ 6} This court has recently determined that, to the extent that R.C. 2919.25 extended its protection to "a person living as a spouse," it was rendered unconstitutional by the Defense of Marriage amendment, which became effective on December 2, 2004. State v. Ward, Greene App. No. 2005-CA-75, 2006-Ohio-1407. For the reasons set forth in Ward, the State's argument is without merit.

{¶ 7} The assignment of error is overruled.

{¶ 8} The judgment of the trial court will be affirmed.

Grady, P.J. and Brogan, J., concur.


Summaries of

State v. Ward

Court of Appeals of Ohio, Second District, Greene County
Jul 21, 2006
2006 Ohio 3761 (Ohio Ct. App. 2006)
Case details for

State v. Ward

Case Details

Full title:State of Ohio, Plaintiff-Appellant, v. Douglas Ward, Defendant-Appellee

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

Date published: Jul 21, 2006

Citations

2006 Ohio 3761 (Ohio Ct. App. 2006)