State v. Wiley, 2014 Ohio 27

Wiley was convicted on six counts of criminal nonsupport under R.C. 2919.21(B) for failing to pay court-ordered child support from 2004–2010.
Divorce decree required Wiley to pay $439.08/mo through the child support agency; no payments were ever made to CSEA during the relevant period.
Civil contempt findings in 2010 increased his monthly obligation and issued a capias, which was later dismissed after Wiley did not purge.
CSEA and other records showed $31,613.76 in arrears from Oct 1, 2004 to Sept 30, 2010; trial evidence included Wiley’s testimony denying knowledge of any order.
The trial court ordered restitution of $44,753, encompassing arrears beyond the indictment period; appellate court sustained the conviction but reversed the restitution amount and remanded.
Wiley challenged numerous evidentiary and instructional issues, including the mailbox rule, inability-to-pay defense, incomplete jury instructions, prosecutorial remarks, and effective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of custodial parent expenses and cancer testimony	State argues testimony showed recklessness and hardship from lack of support.	Wiley contends evidence was irrelevant/prejudicial and used to create sympathy.	Evidence admissible; no reversible error; not plain error on appeal.
Admission of civil contempt order for nonpayment	Trickett rationale supports relevance to obligation and breach.	Contempt order was improperly admitted; defendant was not served.	Admission proper; sufficient notice shown; not plain error.
Mailbox rule jury instruction	Mailbox rule helped prove receipt and notice; does not shift burden on recklessness.	Instruction impermissibly shifted burden or relieved state of proof.	Instruction harmless beyond a reasonable doubt; no due-process violation.
Inability-to-pay defense instruction under R.C. 2919.21(D)	Evidence could support an instruction on inability to pay.	No substantial evidence of inability to pay; defense not warranted.	No plain error; defense not warranted; instruction not required.
Restitution amount scope	Full arrearage amount was proper restitution.	Restitution limited to arrearage accruing during indictment period.	Remand to limit restitution to $31,613.76; full amount reversed.

State v. Price, 60 Ohio St.2d 136 (1979) (presumption of receipt and related evidentiary considerations in mail service)
State v. Collins, 89 Ohio St.3d 524 (2000) (recklessness standard for criminal nonsupport)
State v. Gardner, 118 Ohio St.3d 420 (2008) (due process and burden of proof in jury instructions)
In re Winship, 397 U.S. 358 (1970) (beyond reasonable doubt standard for elements of crime)
Mullaney v. Wilbur, 421 U.S. 684 (1975) (presumptions affecting burden of persuasion violate due process)
Sandstrom v. Montana, 442 U.S. 510 (1979) (conclusive presumptions and burden shifting concerns)
Chapman v. California, 386 U.S. 18 (1967) (harmless-error doctrine in due process analysis)
State v. Trickett, 2003 Ohio App. LEXIS 305 (2003) (admissibility of civil contempt findings in criminal nonsupport trials)
State v. Pruitt, 8th Dist. Cuyahoga No. 98080 (2012) (manifest weight/appellate review framework for recklessness in nonsupport)