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State v. Carswell

Supreme Court of Ohio
871 N.E.2d 547 (2007)


Facts

Michael Carswell (defendant) was indicted by the state of Ohio (plaintiff) under the state’s domestic violence statute for allegedly injuring or attempting to injure Carswell’s live-in romantic partner. The statute protected family and household members, including a person “living as a spouse.” Carswell challenged the indictment on the grounds that it conflicted with the Ohio Constitution. A constitutional amendment mandated that the state only recognize marriages between one man and one woman and that it not create or recognize “a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.” The trial court granted Carswell’s motion to dismiss the indictment. The court of appeals reversed. Carswell appealed.

Rule of Law

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Issue

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Holding and Reasoning (Moyer, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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