State v. Morgan

Summary

The Ohio Second District Court of Appeals reviewed Tyrone Morgan’s convictions for domestic violence and disorderly conduct. The court held that the evidence was insufficient to establish that the alleged victim was a family or household member under Ohio’s domestic-violence statute because the victim and Morgan’s sister were not legally married. The court vacated the domestic-violence conviction, affirmed the disorderly-conduct conviction, and remanded for sentencing on that charge.

Holdings

1. G.S. did not qualify as Morgan's family or household member because affinity is a relationship created through marriage, and G.S. and S.M. had never been legally married. Consequently, the evidence was legally insufficient to establish an essential element of domestic violence under R.C. 2919.25(C).
2. The court sustained Morgan's assignment of error and vacated his domestic-violence conviction.
3. The judgment was affirmed insofar as it found Morgan guilty of disorderly conduct, and the case was remanded for sentencing on that charge.

Questions Presented

1. Whether the evidence was legally sufficient to establish that G.S. was a family or household member of Morgan under R.C. 2919.25(F)(1)(a)(ii), an element of domestic violence under R.C. 2919.25(C).
2. Whether the domestic-violence conviction had to be vacated when the evidence did not establish the required family-or-household-member relationship.
3. Whether the judgment finding Morgan guilty of unchallenged disorderly conduct should remain affirmed and the case remanded for sentencing on that offense.

Disposition

reversed_and_remanded