State v. Peterson

Annotate this Case

Download PDF

[Cite as State v. Peterson, 2006-Ohio-1816.] IN THE COURT OF APPEALS FOR GREENE COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2005 CA 44 v. : T.C. NO. 2004 CR 873 CORY J. PETERSON : (Criminal Appeal from Common Pleas Court) Defendant-Appellee : : .......... OPINION Rendered on the 7th day of April , 2006. .......... ELIZABETH A. ELLIS, Atty. Reg. No. 0074332, Assistant Prosecutor, 61 Greene Street, Xenia, Ohio 45385 Attorney for Plaintiff-Appellant PATRICK J. CONBOY II, Atty. Reg. No. 0070073, 5613 Brandt Pike, Huber Heights, Ohio 45424 Attorney for Defendant-Appellee .......... FAIN, J. {¶ 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 2 RELATES TO COHABITATING PARTNERS, PURSUANT TO ARTICLE 15, SECTION 11 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, Section 11. {¶ 4} Accordingly, the judgment of the trial court is Affirmed. BROGAN, J., concurs. DONOVAN, J., dissenting: {¶ 5} I disagree for the reaons set forth in my dissent in State v. Ward. .......... Copies mailed to: Elizabeth A. Ellis Patrick J. Conboy II Hon. J. Timothy Campbell

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.