City of Shaker Heights v. Mosely

I. Introduction

{¶ 1} The question before the court is whether minor misdemeanor disorderly conduct under R.C. 2917.11(A)(1) is a lesser included offense of domestic violence under Shaker Heights Codified Ordinances (“S.H.C.O.”) 737.14(c) and R.C. 2919.25(C). We hold that it is and therefore affirm the judgment of the court of appeals.

II. Facts and Procedural History

{¶ 2} Several years ago, appellant, Ervin B. Mosely Jr., and the victim, Ayana Al-Jeleel, had a son. Al-Jeleel had residential custody of their son, but Mosely had visitation rights. Recently, while playing with his then…