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STATE v. TALTY

No. 2003-1344.

103 Ohio St.3d 177 (2004)

2004-Ohio-4888

THE STATE OF OHIO, APPELLEE, v. TALTY, APPELLANT.

Supreme Court of Ohio.

Decided September 29, 2004.

Attorney(s) appearing for the Case

Dean Holman, Medina County Prosecuting Attorney, and James R. Bennett II, Assistant Prosecuting Attorney, for appellee.

J. Dean Carro, for appellant.

B. Jessie Hill, urging reversal for amicus curiae, American Civil Liberties Union of Ohio Foundation.

MOYER, C.J.

{¶ 1} Appellant, Sean Talty, challenges the imposition of a condition of community control that ordered him to make "all reasonable efforts to avoid conceiving another child" during his five-year probationary period. Because we hold that the antiprocreation order is overbroad, see State v. Jones (1990), 49 Ohio St.3d 51, 52, 550 N.E.2d 469, we vacate that portion of the trial court's...

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