State v. Brown
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The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the trial court dismissing the charges filed against Appellant for failure to pay court-ordered child support based on the Supreme Court's decision in State v. Pittman, 79 N.E.3d 531 (Ohio 2016), holding that Pittman did not apply.
The State charged Defendant with two counts of nonsupport of defendants under Ohio Rev. Code 2919.21(B). Defendant filed a motion to dismiss, asserting that he could not be prosecuted for violating the statute because he was not subject to a legal support order at the time he was charged. The trial court granted the motion to dismiss based on its interpretation of Pittman. The court of appeals reversed, concluding that Pittman did not apply to the facts of the present case. The Supreme Court affirmed, holding that the trial court erred in dismissing the charges simply because Defendant's child had been emancipated at the time Defendant was charged.
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