State v. Phillips

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[Cite as State v. Phillips, 2006-Ohio-1607.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff- Appellee : C.A. Case No. 21128 vs. : T.C. Case No. 05-CR-446 JONATHAN M. PHILLIPS : : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : ........... OPINION Rendered on the 31st day of March , 2006. ........... MATHIAS H. HECK, JR., Prosecuting Attorney, By: JOHNNA M. SHIA, Assistant Prosecuting Attorney, Atty. Reg. #0067685, Appellate Division, P.O. Box 972, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorneys for Plaintiff-Appellee HAL R. ARENSTEIN, Atty. Reg. #0009999, The Citadel, 114 E. Eighth Street, Cincinnati, Ohio 45202 Attorney for Defendant-Appellant ............. BROGAN, J. {¶ 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 2 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 in State 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). Copies mailed to: Johnna M. Shia Hal R. Arenstein Hon. Mary Katherine Huffman

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