61 Ohio App. 3d 820 - State v. Hadinger’s Empirical Analysis

Citation profile

20 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he legislature intended that the domestic violence statute provide protection to persons who are cohabiting regardless of their sex. We believe that to read the domestic violence statute otherwise would eviscerate the efforts of the legislature to safeguard, regardless of gender, the rights of victims of domestic violence. * * * R.C. 2919.25 (E)(2) defining a `person living as a spouse' as a person `who otherwise is cohabiting with the offender' does not in and of itself exclude two persons of the same sex.”

   2 later decisions quote this exact passage
   e.g. State v. Rodriguez, Unpublished Decision (6-30-2006) · State v. Jenson, Unpublished Decision (9-29-2006)

2. ““(E) As used in this section and sections 2919.251 and 2919.26 of the Revised Code: “(1) ‘Family of household member’ means any of the following: “(a) Any of the following who is residing or has resided with the offender: “(i) A spouse, a person living as a spouse, or a former spouse of the offender; “(ii) A parent or a child of the offender, or another person related by consanguinity or affinity to the offender; “(üi) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender; “(b) The natural parent of any child of whom the offender is the other natural parent. “(2) ‘Person living as a spouse’ means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within one year prior to the date of the alleged commission of the act in question.””

   1 later decision quote this exact passage
   e.g. 77 Ohio Misc. 2d 22 - State v. Linner

3. ““The ordinary meaning of cohabitation is, of course, the act of living together. What constitutes living together is a question of fact in each particular case. * * * Ordinarily, isolated acts of sexual intercourse * * * unaccompanied by other aspects of living together, would not constitute cohabitation. Conversely, cohabitation can be based entirely on acts of living together without sexual relations.””

   1 later decision quote this exact passage
   e.g. 105 Ohio App. 3d 679 - State v. Miller