State v. Ward
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[Cite as State v. Ward, 2006-Ohio-3761.] IN THE COURT OF APPEALS FOR GREENE COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2005 CA 96 v. : T.C. NO. 05 CR 415 DOUGLAS WARD : (Criminal Appeal from Common Pleas Court) Defendant-Appellee : : .......... OPINION Rendered on the 21st day of July , 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 .......... WOLFF, J. {¶ 1} Douglas Ward was indicted with one count of domestic violence, a felony of the fourth degree, arising out of the assault of his live-in girlfriend on May 22, 2005. Ward moved to dismiss the charge, arguing that it violated the so-called Defense of Marriage amendment to the Ohio Constitution, Article XV, Section 11. On August 17, 2005, the court dismissed the charge. The State appeals. 2 {¶ 2} The State s sole assignment of error is as follows: {¶ 3} 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. {¶ 4} The State claims that the trial court erred when it found R.C. 2919.25 unconstitutional as it applies to persons living as spouses. {¶ 5} The State describes the victim as Ward s live-in girlfriend. There is no suggestion that they were married, had been married, or had any children together. Accordingly, based on the record and the State s representation, the victim was a person living as a spouse under R.C. 2919.25. {¶ 6} This court has recently determined that, to the extent that R.C. 2919.25 extended its protection to a person living as a spouse, it was rendered unconstitutional by the Defense of Marriage amendment, which became effective on December 2, 2004. State v. Ward, Greene App. No. 2005-CA-75, 2006-Ohio-1407. For the reasons set forth in Ward, the State s argument is without merit. {¶ 7} The assignment of error is overruled. {¶ 8} The judgment of the trial court will be affirmed. .......... GRADY, P.J. and BROGAN, J., concur. Copies mailed to: Elizabeth A. Ellis Patrick J. Conboy II Hon. Stephen A. Wolaver 3
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