State v. Phillips, Unpublished Decision (3-31-2006)

Ohio Court of Appeals

State v. Phillips, Unpublished Decision (3-31-2006)

2006 Ohio 1607

Ohio Court of Appeals·Decided March 31, 2006·No. C.A. No. 21128.·Unpublished·Cited by 4 cases

Opinion

OPINION {¶ 1} Jonathan Phillips appeals from his conviction of a felony violation of R.C. 2919.25, Ohio's domestic violence statute. Phillips' victim was Stacy Bennett who was alleged in the indictment to be a "family or household member" although she was not married to Phillips. He contends the domestic violence statute is unconstitutional as a result of the recent Marriage Amendment, Article XV, Section 11 of Ohio's Constitution which provides that the State and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals "that intends to approximate the design, qualities, significance or effect of marriage."

{¶ 2} We have recently agreed with Phillips' contention inState v. Karen Ward, Greene App. No. 05-CA-75. The appellant's assignment of error is sustained. Nothing precludes the State from charging Phillips with assault pursuant to R.C. 2903.13(A).

The Judgment of the trial court is Reversed.

. . . . . . . . . . .

Wolff, J., and Glasser, J., concur.

(Hon. George Glasser, Retired from the Sixth Appellate District, Sitting by assignment of the Chief Justice of the Supreme Court of Ohio).

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OPINION {¶ 1} Jonathan Phillips appeals from his conviction of a felony violation of R.C. 2919.25, Ohio's domestic violence statute. Phillips' victim was Stacy Bennett who was alleged in the indictment to be a "family or household member" although she was not married to Phillips. He contends the domestic violence statute is unconstitutional as a result of the recent Marriage Amendment, Article XV, Section 11 of Ohio's Constitution which provides that the State and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals "that intends to approximate the design, qualities, significance or effect of marriage."

{¶ 2} We have recently agreed with Phillips' contention inState v. Karen Ward, Greene App. No. 05-CA-75. The appellant's assignment of error is sustained. Nothing precludes the State from charging Phillips with assault pursuant to R.C. 2903.13(A).

The Judgment of the trial court is Reversed.

. . . . . . . . . . .

Wolff, J., and Glasser, J., concur.

(Hon. George Glasser, Retired from the Sixth Appellate District, Sitting by assignment of the Chief Justice of the Supreme Court of Ohio).

State v. Phillips, Unpublished Decision (3-31-2006), 2006 Ohio 1607 (Ohio Ct. App. 2006).

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