State v. Collins
2018 Ohio 2606
Ohio Ct. App.2018Background
- Appellant Rivell Collins was indicted for one count of nonsupport of dependents under R.C. 2919.21 (fifth-degree felony) for failing to pay child support from July 1, 2013 to July 1, 2015.
- At trial, Collins sought to admit portions of the Uniform Commercial Code (UCC); the trial court excluded the UCC evidence as irrelevant to child support.
- A jury found Collins guilty; the trial court imposed a one-year suspended sentence, seven days credit, five years probation, ordered payment of $18,904.75 in arrears, and a mental health assessment.
- On appeal, Collins raised two assignments of error: (1) R.C. 2919.21 violates equal protection by criminalizing a civil "debt" and (2) exclusion of UCC evidence violated due process.
- The appellate court affirmed, finding Collins waived his constitutional challenge by not raising it at trial, rejecting the premise that child support is a "debt," and holding the UCC evidence irrelevant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2919.21 violates equal protection by criminalizing a child-support "debt" | State: Statute is constitutional and serves compelling public interests in child support enforcement | Collins: Child support is a civil "debt," and criminalizing it violates equal protection and prohibits imprisonment for debt | Waived for failure to raise at trial; merits rejected — child-support obligation is not a "debt," statute survives rational-basis review |
| Whether excluding UCC evidence violated due process or was an abuse of discretion | State: UCC evidence is irrelevant to a criminal nonsupport prosecution | Collins: UCC applies and would prevent criminalization of his conduct | Trial court did not abuse discretion; UCC evidence was irrelevant and properly excluded |
Key Cases Cited
- State v. Ducey, 25 Ohio App.2d 50 (10th Dist. 1970) (decree ordering child support is not a debt and contempt may lie for willful noncompliance)
- Bauer v. Bauer, 39 Ohio App.3d 39 (10th Dist. 1988) (support orders are not debts within the constitutional prohibition on imprisonment for debt)
- State v. Awan, 22 Ohio St.3d 120 (1986) (constitutional challenges must generally be raised at the first opportunity)
- State v. Long, 53 Ohio St.2d 91 (1978) (waiver rule for failure to raise trial objections is strict)