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State v. Woullard

Court of Appeals of Ohio, Second District, Greene County
Apr 7, 2006
2006 Ohio 1804 (Ohio Ct. App. 2006)

Opinion

C.A. No. 2005 CA 61.

Rendered on April 7, 2006.

Criminal Appeal from Common Pleas Court, T.C. No. 2005 CR 256.

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

J. David Turner, Atty. Reg. No. 0017456, 2443 S. Dixie Drive, Dayton, Ohio 45409, Attorney for Defendant-Appellee.


OPINION


{¶ 1} The State of Ohio appeals from the dismissal of an indictment against defendant-appellee Christopher Woullard for 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 reasons set forth in my dissent in State v. Ward.


Summaries of

State v. Woullard

Court of Appeals of Ohio, Second District, Greene County
Apr 7, 2006
2006 Ohio 1804 (Ohio Ct. App. 2006)
Case details for

State v. Woullard

Case Details

Full title:State of Ohio, Plaintiff-Appellant, v. Christopher Woullard…

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

Date published: Apr 7, 2006

Citations

2006 Ohio 1804 (Ohio Ct. App. 2006)