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
- 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.
- 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
- Whether the evidence was legally sufficient to support issuance of a civil stalking protection order under R.C. 2903.214.
- 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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Cited In (0)
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Court Document
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