State v. Ferguson
122 N.E.3d 652
Ohio Ct. App.2018Background
- John Ferguson III was ordered in a divorce decree to pay monthly child support for three children and to pay toward accrued arrearages.
- The children were emancipated on June 8 of 2012, 2014, and 2015, at which points ongoing child-support obligations terminated but arrearage-payments remained ordered.
- Ferguson was indicted in August 2017 on four counts of felony nonsupport (R.C. 2919.21(B)) alleging failures to pay during various periods between July 1, 2011 and June 8, 2015.
- Ferguson moved to dismiss, arguing (1) State v. Pittman precluded prosecution because he had no current support obligations at the time of indictment, and (2) three counts were time-barred by the six-year statute of limitations.
- The trial court denied the motion, concluding the alleged failures occurred while Ferguson had an active support obligation (pre-emancipation) and that the felony nonsupport statute describes a continuing course of conduct, so the limitations periods were timely.
- Ferguson entered no-contest pleas to all counts; the court imposed community control and restitution. The appeal challenges denial of the dismissal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Pittman bar prosecution under R.C. 2919.21(B) when indictment is filed after emancipation? | State: Pittman applies only where the alleged nonpayment occurs after emancipation and where no support order existed during the alleged period. | Ferguson: Pittman precludes any prosecution under R.C. 2919.21(B) once the child is emancipated, even if indictment alleges pre-emancipation nonpayment. | Court: Pittman does not bar prosecution where the indicted time periods allege nonpayment occurring while a current support order existed; filing after emancipation is not dispositive. |
| Are the charged counts barred by the six-year statute of limitations? | State: Nonsupport is a continuing course of conduct; limitations run from last alleged date, so counts are within six years. | Ferguson: Some counts predate the limitations cutoff and should be dismissed. | Court: Counts are timely because limitations begin to run at termination of the continuing course (the last date alleged), and each count’s last date fell within six years. |
Key Cases Cited
- State v. Pittman, 79 N.E.3d 531 (Ohio 2016) (held R.C. 2919.21(B) requires a current obligation to support; prosecution for arrearage-only after emancipation is barred under facts there)
- State v. Fields, 84 N.E.3d 193 (Ohio App. 2017) (discusses sufficiency review on motion to dismiss)
- State v. Patterson, 577 N.E.2d 1165 (Ohio App. 1989) (motion to dismiss tests sufficiency of the indictment)