State v. Miles
122 N.E.3d 656
Ohio Ct. App.2018Background
- Dedrick Miles was ordered to pay child support in a 2010 divorce decree and stopped paying after December 2010; some partial payments had been made earlier.
- The youngest child was emancipated in June 2015; the domestic-relations court terminated Miles’s support obligation and entered orders directing periodic payments on the arrearage.
- In September 2017 Miles was indicted on two counts of nonsupport under R.C. 2919.21(B) for alleged failures to pay support during June 1, 2011–May 31, 2013 and June 1, 2013–May 31, 2015.
- Miles moved to dismiss, relying on State v. Pittman and arguing criminal liability ended at emancipation because he had no current support obligation when indicted.
- The trial court denied the motion; Miles pleaded no contest, received community control, and was ordered to pay $7,008 restitution.
- The appellate court affirmed, holding Pittman does not bar prosecution for failures that occurred while a current support order was in effect even if indictment was filed after emancipation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pittman bars prosecution under R.C. 2919.21(B) when indictment is filed after emancipation | State: Prosecution permitted where alleged nonpayment occurred while a current support order existed | Miles: Pittman precludes prosecution because at indictment time he had no current support obligation after emancipation | Court: Held Pittman does not preclude prosecution for nonpayment that occurred before emancipation when a current support order existed during the charged periods |
| Whether R.C. 2919.21(B) requires a present support obligation at the time of the alleged failure | State: Present-tense requirement applies to timing of misconduct, not filing date | Miles: Pittman interpretation means no criminal liability post-emancipation regardless of when nonpayment occurred | Court: Ruled the statute’s present-tense phrase requires that the failure to pay coincide with a current obligation; here the failures occurred while obligation existed |
Key Cases Cited
- State v. Pittman, 150 Ohio St.3d 113 (Ohio 2016) (held R.C. 2919.21(B) requires a current support obligation and barred prosecution for nonpayment occurring after emancipation)
- State v. Fields, 84 N.E.3d 193 (Ohio Ct. App. 2017) (motion to dismiss tests sufficiency of indictment; reviewed de novo)
- State v. Patterson, 63 Ohio App.3d 91 (Ohio Ct. App. 1989) (stated that motion to dismiss tests sufficiency of indictment without regard to evidence)