State v. Pittman (Slip Opinion)

2016 Ohio 8314, 79 N.E.3d 531, 150 Ohio St. 3d 113
CourtOhio Supreme Court
DecidedDecember 23, 2016
Docket2015-0077
StatusPublished
Cited by17 cases

This text of 2016 Ohio 8314 (State v. Pittman (Slip Opinion)) 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. Pittman (Slip Opinion), 2016 Ohio 8314, 79 N.E.3d 531, 150 Ohio St. 3d 113 (Ohio 2016).

Opinions

Pfeifer, J.

{¶ 1} In this case, we hold that a person is not subject to prosecution under R.C. 2919.21(B) for the nonpayment of a court’s order to pay a child-support arrearage when the person has no current obligation of support because the child who is the subject of the order is emancipated.

FACTUAL AND PROCEDURAL BACKGROUND

2} In December 1988, the Marion County Common Pleas Court, Juvenile Division, ordered appellee, Robert Pittman, to pay child support for his two children, Sade and Sate Douglas, from January 6, 1989, until the children attained the age of 18 years and completed their high school education or were otherwise emancipated.

{¶ 3} On November 20, 2006, the Marion County Common Pleas Court, Family Division, issued two judgment entries, one relating to Sade and the other relating to Sate, stating that the children were emancipated as of August 31, 2006, because they had turned 18 years old and were no longer in high school. One entry declared that Pittman owed $34,313.45 in child-support arrearages for Sade—$33,730.14 to Alma Douglas, the children’s mother, and $583.31 to the Job and Family Services of Marion County Child Support Division for Ohio Department of Job and Family Services—and granted each a judgment against Pittman in those respective amounts. The entry stated that “all current child support shall cease effective 8/31/06,” but it ordered Pittman to pay $236.17 plus a two percent processing fee per month toward the arrearages owed. The judgment entry relating to Sate was substantially the same.

{¶ 4} On December 6, 2007, the family court found Pittman in contempt for failing to pay his arrearages and sentenced him to 30 days in jail with 25 days [114]*114suspended. Approximately 18 months later, the court denied a motion to impose' the prior sentence.

{¶ 5} Next came the criminal charges that are the focus of this case. The state charged Pittman with nonsupport of his dependents in the Marion County Court of Common Pleas. On July 9, 2009, an indictment was handed down against Pittman containing nine counts related to his failure to pay the child support previously ordered. Each count in the indictment addressed a specified two-year period—July 1, 2003, through June 30, 2005 (Counts 1, 2, 7, 8, and 9), July 1, 2005, through June 30, 2007 (Counts 3 and 4), and July 1, 2007, through June 30, 2009 (Counts 5 and 6)—and alleged that during those periods, Pittman “did recklessly abandon or fail to provide support as established by a court order to, another person whom, by court order to decree, the Defendant is legally obligated to support,” pursuant to R.C. 2919.21(B).

{¶ 6} Counts 1 through 6 alleged fourth-degree felonies under R.C. 2919.21 because Pittman had been convicted of or pleaded guilty to a previous felony violation of nonsupport under R.C. 2919.21 on April 3, 2003. Counts 7 through 9 alleged fifth-degree felonies because Pittman had failed to provide support for more than 26 of 104 consecutive weeks. Thus, Pittman was indicted for six fourth-degree felonies and three fifth-degree felonies.

{¶ 7} The 2009 indictment was not served on Pittman until he voluntarily appeared before the court on June 11, 2013. On July 29, 2013, Pittman filed a motion to dismiss the indictment on the grounds that the state had violated his constitutional rights to due process of law and a speedy trial in delaying nearly four years before serving the indictment. At an August 20 hearing, the motion to dismiss was orally amended to also seek dismissal because the six-year statute of limitations for felonies set forth in R.C. 2901.13(A)(1) had run. The trial court held that the prosecution did not commence until July 11, 2013, and that “due diligence was not exercised in issuing and executing process on the indictment.” Thus, the court held that Counts 1, 2, 7, 8, and 9 were barred by the statute of limitations because they alleged criminal conduct that occurred between 2003 and 2005, more than six years before Pittman was served with the indictment. Counts 3 and 4 alleged criminal conduct that occurred between July 1, 2005, and June 30, 2007, and the court held that any “criminal conduct which occurred prior to June 11, 2007,” i.e., six years prior to the service of the indictment, also fell outside the statute of limitations.

{¶ 8} Further, the court held that the nearly four-year delay in serving the indictment violated Pittman’s speedy-trial rights as to all counts but Counts 5 and 6. Counts 5 and 6 alleged that Pittman had engaged in illegal activity between July 1, 2007, and June 30, 2009. The court distinguished Counts 5 and 6 from the older counts because the delay was not as long, some civil enforcement action [115]*115occurred in December 2007, and the likelihood of prejudice was less with respect to the more recent allegations.

{¶ 9} On September 24, 2013, Pittman moved to dismiss those remaining counts. He argued that because his daughters were emancipated as of August 31, 2006, he had no duty to provide support to them after that date. Thus, he was not legally obligated to pay support from July 1, 2007, through June 30, 2009, as alleged in Counts 5 and 6.

{¶ 10} On October 16, 2013, the state filed a bill of particulars clarifying the nature of the offenses in Counts 5 and 6. The state indicated that the charges were based on Pittman’s failure to provide support pursuant to the November 20, 2006 orders, which determined that the children were emancipated and calculated the amount of Pittman’s arrearage. The state also indicated that Count 5 alleged that Pittman had failed to provide support as established by a court order to Alma Douglas for Sate Douglas and Count 6 alleged that he failed to provide support as established by a court order to Alma Douglas for Sade Douglas. Finally, the state alleged that Pittman failed to provide support for 101 weeks of the 104 consecutive weeks between July 1, 2007, and June 30, 2009.

{¶ 11} The parties stipulated to the relevant facts and in a November 5, 2013 hearing, submitted to the court the question whether R.C. 2919.21(B) criminalizes the failure to pay an arrearage-only order.

{¶ 12} On November 14, 2013, the trial court granted Pittman’s motion to dismiss:

With regard to R.C. 2919.21(B), some meaning must be given to the phrase “to another person whom * * * the person is legally obligated to support.” The State’s interpretation would restrict the statute to the initial phrase, which provides: “No person shall abandon, or fail to support as established by a court order.” The additional meaning provided by the phrase, “to another person whom, by court order or decree, the person is legally obligated to support” is that at the time of the commission of the criminal offense there must be a current obligation of support.

(Emphasis sic.)

{¶ 13} The state appealed. The Third District Court of Appeals affirmed the judgment of the trial court, holding that R.C. 2919.21 is unambiguous. The court noted that the statute uses the present tense and concluded that “[sjince Pittman’s daughters are emancipated, he was under no current legal obligation to support his children at the time the State filed its indictment.” 2014-Ohio-5001, 21 N.E.3d 1118, ¶ 19 (3d Dist.).

[116]*116{¶ 14} The Third District found unpersuasive a decision of the Fifth District Court of Appeals in State v. Dissinger, 5th Dist. Delaware No.

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

Related

State v. Knowlton
2024 Ohio 4738 (Ohio Court of Appeals, 2024)
State v. Dobson
2024 Ohio 4617 (Ohio Court of Appeals, 2024)
State v. Swazey
2023 Ohio 4627 (Ohio Supreme Court, 2023)
State v. Swazey
2022 Ohio 993 (Ohio Court of Appeals, 2022)
State v. Hickman
2021 Ohio 1981 (Ohio Court of Appeals, 2021)
State v. Brown (Slip Opinion)
2020 Ohio 4623 (Ohio Supreme Court, 2020)
In re Adoption of A.C.B. (Slip Opinion)
2020 Ohio 629 (Ohio Supreme Court, 2020)
State v. Cornwell
2019 Ohio 4643 (Ohio Court of Appeals, 2019)
State v. Parr
2019 Ohio 4011 (Ohio Court of Appeals, 2019)
State v. Brown
2019 Ohio 1666 (Ohio Court of Appeals, 2019)
State v. Miles
2018 Ohio 4444 (Ohio Court of Appeals, 2018)
State v. Ferguson
2018 Ohio 4446 (Ohio Court of Appeals, 2018)
State v. Hubbard
2018 Ohio 3627 (Ohio Court of Appeals, 2018)
State v. Bettis
2016 Ohio 8472 (Ohio Supreme Court, 2016)
State v. Bettis (Slip Opinion)
2016 Ohio 8472 (Ohio Supreme Court, 2016)
State v. Pittman (Slip Opinion)
2016 Ohio 8314 (Ohio Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 8314, 79 N.E.3d 531, 150 Ohio St. 3d 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pittman-slip-opinion-ohio-2016.