In re S.G. & M.G, Cuyahoga App. No. 84228, March 17, 2005: The Court of Appeals found that the juvenile court's failure to comply with Juv.R. 29(D) in accepting parent’s admission to amended complaint for neglect renders admission less than knowingly and voluntarily entered.
Cleveland Municipal Court Judge Lauren C. Moore also found Ohio's domestic violence statute unconstitutional. The domestic violence statute conflicts with the constitution's new prohibition against the government's recognizing relations between unmarried couples which approximate marriage.
To see the Cleveland Plain Dealer story, "Second Judge Cites Amendment", 3/25/2005, see: PD Article
On December 13, the City of Cleveland amended many sections of its tax ordinances in order to comply with changes in state laws. To view the new ordinances, see: City Record, December 15, 2004 at page 16.
State v. Burk, Cuy. CP No. CR 462510: Cuyahoga County Common Pleas judge Stuart Friedman ruled that the domestic violence statute, ORC 2919.25, is unconstitutional because it conflicts with the "gay marriage" amendment to the Ohio constitution. The constitutional amendment, Article XV, Section II of the Ohio Constitution, prohibits state or political subdivisions from creating or recognizing a legal status for relations of unmarried couples which approximates marriage. The domestic violence statute covers assaults against "a person living as a spouse," and thus recognizes a relation of unmarried couples which approximates marriage. The defendant, Frederick Burk, could not be charged with domestic violence against a woman with whom he cohabitated. He could be charged with simple assault.