Ziegler v. Tameris

2022-Ohio-4044 (Ohio Ct. App. 2022) · Ohio Court of Appeals, Eleventh Appellate District · November 14, 2022 · No. 2022-L-042

Summary

The Ohio Eleventh District Court of Appeals affirmed a judgment granting Mary B. Ziegler a civil stalking protection order against her neighbor, Eve Tameris. The court held that the evidence was legally sufficient to establish a pattern of conduct constituting menacing by stalking under Ohio Revised Code 2903.211(A)(1), including conduct that caused Ziegler mental distress.

Holdings

  1. The evidence was legally sufficient to support the finding that Tameris committed acts constituting menacing by stalking and therefore supported the civil stalking protection order.
  2. The cumulative pattern and frequency of Tameris's conduct were sufficient to establish a statutory pattern of conduct and support a finding that the conduct caused Ziegler mental distress.

Questions Presented

  1. Whether the evidence was legally sufficient to support issuance of a civil stalking protection order under R.C. 2903.214.
  2. Whether the evidence established that Tameris engaged in a pattern of conduct constituting menacing by stalking under R.C. 2903.211(A)(1), including conduct knowingly causing Ziegler to believe that Tameris would cause her mental distress.

Disposition

affirmed

Cases Cited (13)

  • State v. Wilson, 113 Ohio St.3d 382, 2007-Ohio-2202, 865 N.E.2d 1264, ¶ 25(followed)
  • State v. Thompkins, 78 Ohio St.3d 380, 386-387, 678 N.E.2d 541 (1997)(followed)
  • L.M.W. v. B.A., 2022-Ohio-2416, 191 N.E.3d 1240, ¶¶ 18, 27 (8th Dist.)(followed)
  • Lloyd v. Thornsbery, 11th Dist. Portage No. 2017-P-0029, 2018-Ohio-2893, ¶ 9(followed)
  • Lane v. Brewster, 12th Dist. Clermont No. CA2011-08-060, 2012-Ohio-1290, ¶ 18(followed)
  • Tuuri v. Snyder, 11th Dist. Geauga No. 2000-G-2325, 2002 WL 818427, *3 (Apr. 30, 2002)(followed)
  • Cooper v. Manta, 11th Dist. Lake No. 2011-L-035, 2012-Ohio-867, ¶¶ 33, 39(followed)
  • State v. Bone, 10th Dist. Franklin No. 05AP-565, 2006-Ohio-3809, ¶ 24(followed)
  • McKinley v. Kuhn, 4th Dist. Hocking No. 10CA5, 2011-Ohio-134, ¶¶ 14, 17(followed)
  • R.R. v. J.H., 8th Dist. Cuyahoga No. 109465, 2021-Ohio-706, ¶ 29(followed)

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