State v. Carswell
Ohio Supreme Court
871 N.E.2d 547 (2007)

- Written by Denise McGimsey, JD
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
Issue
Holding and Reasoning (Moyer, C.J.)
What to do next…
Here's why 816,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.