State v. Peterson, Unpublished Decision (4-7-2006)

Ohio Court of Appeals

State v. Peterson, Unpublished Decision (4-7-2006)

2006 Ohio 1816

CourtOhio Court of Appeals

DecidedApril 7, 2006

DocketC.A. No. 2005 CA 44.

StatusUnpublished

Cited by2 cases

This text of 2006 Ohio 1816 (State v. Peterson, Unpublished Decision (4-7-2006)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Peterson, Unpublished Decision (4-7-2006), 2006 Ohio 1816 (Ohio Ct. App. 2006).

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Opinions

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, SECTION11 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, Section11.

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

Brogan, J., concurs.

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