State v. Blair
2013 Ohio 3477
Ohio Ct. App.2013Background
- Larry Blair was indicted on two counts of third-degree Sexual Battery under R.C. 2907.03(A)(5)/(B) for alleged sexual conduct with T.J., described as his stepchild, on July 25, 2011.
- T.J. was adopted by Rosemary Johnson (her mother); Blair married Johnson in August 2002 and thus became T.J.’s stepfather while T.J. was a juvenile.
- Rosemary Johnson died in May 2009; T.J. continued to live with Blair and turned 18 on December 29, 2010; the alleged sexual conduct occurred in July 2011 after Johnson’s death and after T.J. reached adulthood.
- Blair moved pretrial to dismiss the indictment arguing the stepparent relationship had terminated with Johnson’s death (and with T.J.’s emancipation); the trial court denied the motion.
- Blair pleaded no contest to one count (the other count dismissed); the trial court convicted, sentenced (imprisonment stayed pending appeal), designated Blair a Tier III sex offender, and imposed postrelease control.
- On appeal, Blair argued the indictment was deficient because, as a matter of law, the stepparent–stepchild relationship ended with the mother’s death, so the essential element (affinity) was lacking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was legally sufficient to charge Sexual Battery based on a stepparent–stepchild relationship | Indictment tracks statute; facially sufficient; factual issues reserved for trial | Stepparent relationship terminated by mother’s death (and victim’s emancipation), so essential element of affinity was absent | Indictment was facially sufficient but plea and stipulated facts raised the substantive legal issue; court reversed conviction because affinity terminated with mother’s death |
| Whether pretrial motion to dismiss could resolve the stepparent-status issue | Court and State: stepparent status is a general fact question for trial | Blair: status is a legal question because marriage ended by death, terminating affinity | Court acknowledged general-issue rule but found Noble controlling: affinity ends with dissolution of marriage by death, so conviction cannot stand |
| Effect of no contest plea on factual challenges to indictment | State: a no-contest plea admits the truth of the indictment’s factual allegations and forecloses factual challenges | Blair: State’s stipulated facts negate an essential element (stepparent relationship) despite plea | Court noted no-contest plea normally waives factual challenges but concluded the stipulated facts and controlling precedent showed the affinity element was legally absent |
| Whether death of the mother is equivalent to divorce for terminating stepparent status | State: impliedly treats status as continuing while parties cohabited; general-issue inquiry | Blair: death dissolves marriage and ends stepparent relation for incest/sexual battery statutes | Court held death dissolves the marital relation and thereby terminates stepparent status for purposes of the charged offense |
Key Cases Cited
- State v. Lowe, 112 Ohio St.3d 507 (2007) (upheld statute as applied to consensual stepparent–adult stepchild sexual conduct; noted stepparent status ends on divorce)
- State v. Jackson, 134 Ohio St.3d 184 (2012) (indictment that tracks statutory language is facially sufficient)
- State v. Bird, 81 Ohio St.3d 582 (1998) (no-contest plea admits the truth of the indictment and typically forecloses factual challenges)
- State v. Brady, 119 Ohio St.3d 375 (2008) (pretrial motions to dismiss cannot decide general issues reserved for trial)
- Noble v. State, 22 Ohio St. 541 (1872) (holding that the stepfather–stepdaughter relation terminates with dissolution of the marriage, including by death)
- State v. Palmer, 131 Ohio St.3d 278 (2012) (courts may consider evidence beyond the indictment on pretrial review but must not resolve the general issue of guilt)