State v. McGlothan

2014 Ohio 85, 4 N.E.3d 1021, 138 Ohio St. 3d 146
CourtOhio Supreme Court
DecidedJanuary 16, 2014
Docket2012-1782
StatusPublished
Cited by34 cases

This text of 2014 Ohio 85 (State v. McGlothan) 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. McGlothan, 2014 Ohio 85, 4 N.E.3d 1021, 138 Ohio St. 3d 146 (Ohio 2014).

Opinions

O’Donnell, J.

{¶ 1} The state of Ohio appeals from a decision of the Eighth District Court of Appeals affirming Jeffrey McGlothan’s conviction for attempted felonious assault but reversing his conviction for domestic violence. Despite the victim’s testimony that McGlothan was her boyfriend and had lived with her for about a year, a majority of the appellate court ruled that the state must prove they shared living expenses in order to convict McGlothan of domestic violence. The appellate court misconstrued our decision in State v. Williams, 79 Ohio St.3d 459, 683 N.E.2d 1126 (1997), because in this case the state proved that the victim was a family or household member and proved cohabitation pursuant to R.C. 2919.25. Accordingly, the judgment of the appellate court is reversed and the judgment of the trial court finding McGlothan guilty of domestic violence is reinstated.

Factual and Procedural Background

{¶ 2} In February 2011, a grand jury indicted Jeffrey McGlothan on one count of felonious assault in violation of R.C. 2903.11(A)(1), with a repeat-violent-offender specification, and one count of domestic violence in violation of R.C. 2919.25(A) as a result of an incident at the apartment he shared with his girlfriend. The domestic violence count alleged that McGlothan knowingly caused or attempted to cause physical harm to “Cynthia Robinson, a family or household member.”

[147]*147{¶ 3} During a bench trial in June 2011, Robinson testified that at the time of the incident, McGlothan was her boyfriend and had lived with her in her apartment for “about a year.” She further explained that McGlothan slept overnight at her apartment every night. She also stated that he had helped her put things up on the wall when he moved into the apartment.

{¶ 4} Robinson testified that one evening in January 2011, she let McGlothan inside the apartment and confronted him about where he had been earlier that day. They began arguing, and McGlothan pushed Robinson and grabbed her by the shirt. As a result, he detached a permanent tracheostomy tube, which enabled her to breathe. McGlothan helped Robinson call 9-1-1, and emergency-room physicians were able to reinsert the tube without surgery. During trial, the court admitted Robinson’s medical records, which contained her statement that “her boyfriend purposely pulled her trach out.”

{¶ 5} The court found McGlothan not guilty of felonious assault, but guilty of attempted felonious assault and domestic violence. As a result, the court sentenced him to an aggregate two year prison term.

{¶ 6} On appeal, a majority of the appellate court held that the state had failed to present sufficient evidence to support McGlothan’s conviction for domestic violence based on its analysis of our explanation of the term “cohabitation” in Williams, 79 Ohio St.3d 459, 683 N.E.2d 1126. The court explained, “Although Robinson testified that [McGlothan] was her boyfriend and he had slept over at her apartment for roughly a year, there was no testimony that the couple shared any living expenses, such as rent and utilities, which would demonstrate shared familial or financial responsibilities.” 8th Dist. Cuyahoga No. 97212, 2012-Ohio-4049, 2012 WL 3862138, ¶ 22. The dissenting judge did “not believe that it was necessary for the state to prove that the couple shared any living expenses when it was established that McGlothan lived there.” Id. at ¶ 47 (Boyle, J., concurring in part and dissenting in part).

{¶ 7} On appeal to this court, the state asserts that by requiring evidence of shared living expenses to demonstrate shared familial or financial responsibilities, the court of appeals elevated one of the nonexhaustive factors set forth in Williams to an essential element of cohabitation. It argues instead that shared living expenses is merely one factor that a court may consider in a cohabitation analysis. The state further maintains that the Eighth District’s requirement of shared living expenses to establish cohabitation is contrary to decisions of the Second, Ninth, Tenth, and Eleventh Districts.

{¶ 8} In response, McGlothan claims that the appellate court did not hold that the state needed to prove shared financial responsibilities in order to establish cohabitation for purposes of R.C. 2919.25 but rather ruled that the state had failed to establish the cohabitation factors as set forth in Williams. Specifically, [148]*148he argues that it was reasonable for the court to conclude that Robinson’s testimony that he was her boyfriend and spent every night at her apartment was not by itself sufficient to prove cohabitation. Moreover, he maintains that the appellate decision here does not conflict with decisions from other appellate courts.

{¶ 9} In this case, then, we are called upon to clarify Williams regarding the evidence necessary to establish cohabitation as set forth in R.C. 2919.25(F)(2).

Law and Analysis

{¶ 10} R.C. 2919.25(A) provides: “No person shall knowingly cause or attempt to cause physical harm to a family or household member.” (Emphasis added.)

{¶ 11} R.C. 2919.25(F)(1) provides that “family or household member” means “(a) [a]ny of the following who is residing or has resided with the offender: (i) A spouse, a person living as a spouse, or a former spouse of the offender.”

{¶ 12} At issue in this case is whether Robinson was a “person living as a spouse.” R.C.. 2919.25(F)(2) includes within the definition of “person living as a spouse” one “who * * * is cohabiting with the offender.”

{¶ 13} The court of appeals misread our decision in Williams as supporting the proposition that evidence of shared living expenses is necessary to establish cohabitation. Williams is factually distinguishable from this case, because there we addressed living arrangements between the victim and the defendant that were markedly different from the circumstances here. In Williams, 79 Ohio St.3d at 460, 683 N.E.2d 1126, the victim testified that she and the defendant “were going together” but that they did not live together. The victim’s testimony that for a few months she stayed more nights at Williams’s place than at her own further illustrates that they did not share a residence but rather that each had a separate residence. See id. Thus, in order to prove cohabitation when the victim and the defendant do not share the same residence, evidence of shared financial or familial responsibilities and consortium is required. See id. at 463^465.

{¶ 14} After considering the General Assembly’s intent in enacting the domestic violence statutes, despite urging by Williams himself, we declined to “adopt a narrow definition of ‘reside’ which would limit ‘family or household members’ to those who actually share one residential address.” Id. at 462. In Williams, then, by determining that the offense of domestic violence “arises out of the relationship of the parties rather than their exact living circumstances,” id. at 464, we interpreted the statute broadly to include those who did not live with the offender but who also deserved protection under the statute based on their relationship with the offender.

[149]*149{¶ 15} In contrast to

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Cite This Page — Counsel Stack

Bluebook (online)
2014 Ohio 85, 4 N.E.3d 1021, 138 Ohio St. 3d 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcglothan-ohio-2014.