[Cite as State v. Christian, 2018-Ohio-2764.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
JEFFERSON COUNTY
STATE OF OHIO,
Plaintiff-Appellee,
v.
WAYNE CHRISTIAN,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Case No. 16 JE 0030
Motion for Reconsideration
BEFORE:
Cheryl L. Waite, Gene Donofrio, Carol Ann Robb, Judges.
JUDGMENT:
Overruled.
Atty. Jane M. Hanlin, Jefferson County Prosecutor
Jefferson County Justice Center, 16001 State Route 7, Steubenville, Ohio 43952, for
Plaintiff-Appellee
Wayne Christian, Pro se, #521-627
Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, Ohio 44430.
Dated: June 28, 2018
PER CURIAM.
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{¶1} On February 27, 2018, Appellant Wayne Christian filed an application for
reconsideration of our December 27, 2017 decision in State v. Christian, 7th Dist. No.
16 JE 0030, 2017-Ohio-9420. We affirmed the judgment of the Jefferson County Court
of Common Pleas denying his motion for declaratory judgment. The state did not file a
brief in opposition to the application.
{¶2} Appellant filed a notice of appeal with the Ohio Supreme Court on
February 2, 2018 seeking review of our decision. We nonetheless retain jurisdiction to
consider the motion for reconsideration pursuant to Sup. Ct. Prac. R. 7.01(D).
{¶3} In his motion for declaratory judgment, Appellant argued that R.C.
2903.11(B)(1), the Ohio statute criminalizing sexual conduct between a minor and a
person who has failed to disclose their status as a person who tested positive for the
human immunodeficiency virus (“HIV”), violates the equal protection clauses of the
United States and Ohio Constitutions. We affirmed the judgment of the trial court
denying the motion because we held that statutes directed toward the protection of
minors are based on a legitimate state interest. Christian, supra at ¶ 15. We further
held that the existence of other sexually transmitted diseases (“STDs”) that may have
serious public health and safety consequences does not eliminate the rational
relationship between the classification and the goal of protecting minors. Id. at ¶ 16.
{¶4} App.R. 26, which provides for the filing of an application for
reconsideration in this Court, includes no guidelines to be used in the determination of
whether a decision is to be reconsidered. Deutsche Bank Natl. Trust Co. v. Knox, 7th
Dist. No. 09-BE-4, 2011-Ohio-421, ¶ 2, citing Matthews v. Matthews (1981), 5 Ohio
App.3d 140, 143, 450 N.E.2d 278. The test generally applied is whether the motion for
Case No. 16 JE 0030
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reconsideration calls to the attention of the court an obvious error in its decision or
raises an issue for our consideration that was either not considered or not fully
considered in the direct appeal. Id.
{¶5} An application for reconsideration is not designed for use in instances
where a party simply disagrees with the conclusions reached and the logic used by an
appellate court. Deutsche Bank at ¶ 2, citing State v. Owens, 112 Ohio App.3d 334,
336, 678 N.E.2d 956 (1996). Rather, App.R. 26 provides a mechanism by which a party
may prevent a miscarriage of justice that could arise when an appellate court makes an
obvious error or renders an unsupportable decision under the law. Id.
{¶6} Initially, we must review the timeliness of the application. App.R. 26
provides a ten-day time limit within which to seek reconsideration of an appellate
decision. App.R. 26(A). Our decision was filed with the clerk and announced on
December 27, 2017. Thus, Appellant was required to file by Monday, January 8, 2018.
See App.R. 14(A). Appellant contends that he can establish good cause for his failure
to timely file because he did not receive a copy our decision until a month after it was
issued. However, App.R. 14, captioned: “Computation and Extension of Time,” reads,
in pertinent part, “[e]nlargement of time to file an application for reconsideration * * *
pursuant to App. R. 26(A) shall not be granted except on a showing of extraordinary
circumstances.” App.R. 14(B). The standard used to show “extraordinary
circumstances” is intended to be greater than that used to establish “good cause.”
App.R. 14 1994 Staff Notes. Appellant has not demonstrated extraordinary
circumstances here.
Case No. 16 JE 0030
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{¶7} We may also enlarge the ten-day time limit for filing a motion for
reconsideration if the motion raises an issue of sufficient importance to warrant an
exception to the rule. Rice v. Rice, 7th Dist. No. 2001-CO-28, 2002-Ohio-5032.
However, the application neither reveals an error nor raises an argument that was not
fully considered on direct appeal. Appellant simply restates the argument he has
already advanced: that the statute at issue is arbitrary because it treats HIV positive
individuals differently than individuals capable of transmitting equally dangerous STDs
to minors. Appellant fails to understand that the legislature is permitted to treat a
particular class differently, so long as the treatment is related to the purpose of the law.
The Ohio Supreme Court addressed the very same argument in State v. Battista, 151
Ohio St.3d 584, 2017-Ohio-8304, 91 N.E.2d 724, writing:
Batista asks the court to weigh the wisdom of the legislature's policy
choices, but that is beyond our authority. Because there is some
conceivable basis to support the legislative arrangement, the statute does
not violate equal protection. Batista's argument that no rational basis
exists to require only HIV positive individuals to disclose their status while
not requiring the same of individuals with Hepatitis C, for example, is
misplaced. We are not faced with a statute that requires individuals to
disclose their Hepatitis C diagnosis or other contagious infection. We
leave that policy decision to the General Assembly. And the existence of
other sexually transmitted diseases that may have serious public health
and safety consequences does not eliminate the rational relationship
between the classification here─individuals with knowledge of their HIV-
Case No. 16 JE 0030
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positive status who fail to disclose that status to sexual partners─and the
goal of curbing HIV transmission.
Id. at ¶ 24.
{¶8} In summary, the application was untimely filed, and Appellant has failed to
identify extraordinary circumstances. Even if we were to excuse the procedural defect,
we have fully considered Appellant’s argument and Appellant has raised no obvious
error in our earlier decision. Accordingly, Appellant’s application is overruled.
JUDGE CHERYL L. WAITE
JUDGE GENE DONOFRIO
JUDGE CAROL ANN ROBB
NOTICE TO COUNSEL
This document constitutes a final judgment entry.
Case No. 16 JE 0030