State v. Taylor
2014 Ohio 2001
Ohio Ct. App.2014Background
- Asim J. Taylor pleaded guilty to four felony counts of nonpayment of child support for four children by four different mothers; arrearages totaled nearly $100,000 at sentencing.
- The Lorain County Common Pleas Court sentenced Taylor to five years of community control.
- As a condition of community control, the court ordered Taylor to “make all reasonable efforts to avoid impregnating a woman” during the term, or until he proves he can and is supporting his existing children or conditions change to lift the restriction.
- Taylor objected, appealed, and argued the condition violated due process, equal protection, and privacy (including that strict scrutiny should apply to this restriction on procreation).
- The Ninth District affirmed, concluding review of the substantive reasonableness/constitutionality was not possible because the appellant failed to provide the presentence investigation and an adequate record on appeal; the court therefore presumed regularity and affirmed.
Issues
| Issue | Plaintiff's Argument (Taylor) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the antiprocreation-like probation condition is reasonable and constitutional | Condition infringes fundamental rights (privacy, due process, equal protection); strict scrutiny required and condition is overbroad | Review should be for abuse of discretion under Jones factors; condition related to rehabilitation/public protection | Affirmed for lack of appellate record; court presumed regularity and did not reach merits because presentence report and fuller sentencing record were not provided |
| Standard of review for probation conditions implicating fundamental rights | Apply strict scrutiny or hybrid analysis when fundamental rights implicated | Apply traditional Jones three-part abuse-of-discretion test regardless of fundamental-rights claim | Court declined to resolve; indicated either analysis would require the sentencing-record facts, which appellant failed to supply |
Key Cases Cited
- State v. Jones, 49 Ohio St.3d 51 (Ohio 1990) (adopts three-part test for reasonableness of probation conditions)
- State v. Talty, 103 Ohio St.3d 177 (Ohio 2004) (requires probation conditions be reasonably related to rehabilitation, the offense, and future criminality and not be overbroad)
- State v. Oakley, 245 Wis.2d 447 (Wis. 2001) (upheld an individualized antiprocreation probation condition that could be terminated upon proof of support)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (when appellate record is incomplete, appellate court presumes regularity)
- Griffin v. Wisconsin, 483 U.S. 868 (U.S. 1987) (probationer’s liberty is conditional; certain searches/conditions permissible under probation framework)