State v. Faggs

Ohio Supreme Court

State v. Faggs

114 N.E.3d 1204, 2019 Ohio 169, 154 Ohio St. 3d 1476

CourtOhio Supreme Court

DecidedJanuary 23, 2019

Docket2018-1592

StatusPublished

Cited by1 cases

This text of 114 N.E.3d 1204 (State v. Faggs) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Faggs, 114 N.E.3d 1204, 2019 Ohio 169, 154 Ohio St. 3d 1476 (Ohio 2019).

Pincite

Opinion

On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at page 3 of the court of appeals' judgment entry filed November 2, 2018: "In a criminal prosecution of a parent (or an adult acting in loco parentis) for domestic violence under R.C. 2919.25(A), where the defendant's acts relate to corporal punishment of a child, does the State bear a burden to prove unreasonable parental discipline, or is reasonable parental discipline in the nature of an affirmative defense?" The conflict case is State v. Rosa, 7th Dist. Mahoning No. 12 MA 60, 2013-Ohio-5867, 6 N.E.3d 57.

Sua sponte, cause consolidated with 2018-1501, State v. Faggs, and briefing in case Nos. 2018-1501 and 2018-1592 shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. 16.02 through 16.04 and include both case numbers on the cover page of the briefs. The parties shall otherwise comply with the requirements of S.Ct.Prac.R. 16.01 through 16.04. O'Connor, C.J., and French, J., dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at page 3 of the court of appeals' judgment entry filed November 2, 2018: "In a criminal prosecution of a parent (or an adult acting in loco parentis) for domestic violence under R.C. 2919.25(A), where the defendant's acts relate to corporal punishment of a child, does the State bear a burden to prove unreasonable parental discipline, or is reasonable parental discipline in the nature of an affirmative defense?" The conflict case is State v. Rosa, 7th Dist. Mahoning No. 12 MA 60, 2013-Ohio-5867, 6 N.E.3d 57.

Sua sponte, cause consolidated with 2018-1501, State v. Faggs, and briefing in case Nos. 2018-1501 and 2018-1592 shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. 16.02 through 16.04 and include both case numbers on the cover page of the briefs. The parties shall otherwise comply with the requirements of S.Ct.Prac.R. 16.01 through 16.04. O'Connor, C.J., and French, J., dissent.

Cite This Page — Counsel Stack

Bluebook (online)

114 N.E.3d 1204, 2019 Ohio 169, 154 Ohio St. 3d 1476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-faggs-ohio-2019.

Opinion

Related

Cite This Page — Counsel Stack