State v. Cornelius, 2011 Ohio 2564

Cornelius appeals his conviction for Interference with Custody under R.C. 2919.23(A)(1).
McHugh, born May 20, 1991, had a custody award to her cousins (Steeles) made Sept. 2, 2008.
The Steeles were Miami County custodians; the custody order remained in effect while McHugh was in school and under care.
Defendant took McHugh from Ohio to North Carolina on Sept. 3, 2009; she was then 18.
The trial court found guilt on Jan. 11, 2010 and sentenced him; on appeal, three issues were sustained.
The appellate court reversed and vacated the conviction, addressing custody status and statutory definitions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient custody privilege to support the offense	Cornelius argues McHugh was not under a guardian’s privilege after turning 18	Steeles’ custody continued post-18 due to McHugh’s disability and school status	Sustained; evidence insufficient; conviction reversed
Constitutionality/vagueness of R.C. 2919.23(A)(1) as to ‘mentally or physically handicapped child’	Statute is vague and unclear in defining who qualifies	Court should uphold statute as restricting abduction of vulnerable child	Granted; court notes definitional defect and urges clearer definition (reversal on third assignment)
Whether Castle v. Castle governs continued juvenile jurisdiction beyond majority	Castle supports continued jurisdiction for disability-based custody	Castle does not control here; juvenile jurisdiction terminated	Castle does not control; termination of jurisdiction found; no custodial status persisted

State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review; Jackson v. Virginia standard)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight vs. sufficiency; standard for evidentiary review)
Castle v. Castle, 15 Ohio St.3d 279 (Ohio 1984) (continuation of parental duty beyond majority in disability context)