State v. James

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[Cite as State v. James, 2006-Ohio-3650.] IN THE COURT OF APPEALS FOR GREENE COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2005 CA 83 v. : T.C. NO. 2005 CR 0255 JONAH JAMES : (Criminal Appeal from Common Pleas Court) Defendant-Appellee : : .......... OPINION Rendered on the 14th day of July , 2006. .......... ELIZABETH A. ELLIS, Atty. Reg. No. 0074332, Assistant Prosecutor, 61 Greene Street, Xenia, Ohio 45385 Attorney for Plaintiff-Appellant` BAHJAT M. ABDALLAH, Atty. Reg. No. 0078504, 322 S. Patterson Blvd., Suite 101, Dayton, Ohio 45402 Attorney for Defendant-Appellee .......... FAIN, J. {¶ 1} The State of Ohio appeals from an order of the trial court dismissing an indictment against defendant-appellee Jonah James for Domestic Violence. {¶ 2} James allegedly assaulted his live-in girlfriend, Samantha Coleman, in April, 2005. James was charged by indictment with Domestic Violence, as a felony of the third degree, James having four prior Domestic Violence convictions. 2 {¶ 3} James moved to dismiss the indictment, contending that the application of the Domestic Violence statute, R.C. 2919.25, to a person living as a spouse violates the Defense of Marriage amendment to the Ohio Constitution, Article XV, Section 11. The trial court agreed, and dismissed the indictment. {¶ 4} The State s sole assignment of error is as follows: {¶ 5} 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, SECTION 11 OF THE OHIO CONSTITUTION. {¶ 6} The parties are making the same arguments that were made in State v. Ward (March 24, 2006), Greene App. No. 2005-CA-75. We follow our decision in that case, overrule the State s sole assignment of error, and affirm. ......... BROGAN, J., concurs. DONOVAN, J., dissenting: {¶ 7} I disagree for the reasons set forth in my dissent in State v. Ward. .......... Copies mailed to: Elizabeth A. Ellis Bahjat M. Abdallah Hon. Stephen A. Wolaver

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