Case Summaries: Stalking - Other Acts Evidence
Stockdale v. Baba
153 Ohio App.3d 712, 2003-Ohio-4366 (Franklin, 10th App.Dist., 8/19/2003) Breach of settlement agreement made in connection to a menacing by stalking misdemeanor was affirmed because, (1) "other acts" evidence of defendants pre-settlement stalking of plaintiffs was admissible; (2) postings to Internets message board were "contact" with plaintiffs; (3) plaintiffs could testify as lay witnesses to defendants writing style; and (4) evidence supported award of punitive damages for breach of contract.
Keywords: prior acts,previous acts,enforcement
Date: 1/12/2004
State v. Tichon
(Summit, 9th Dist., 1995), 102 Ohio App.3d 758: Other acts evidence properly admitted to show that defendant engaged in pattern of conduct aimed at causing his victims mental distress as element of offense of menacing by stalking; other acts consisted of numerous photographs that defendant had of the victims, the number of instances that police were called to victims' home, and the fact that the victims had previously instituted a civil lawsuit for harassment.
Keywords: past acts
Date: 4/23/2002
State v. Woodgeard
(Fairfield, 5th Dist., 4/29/94): Judgment convicting defendant of menacing by stalking not against manifest weight of evidence, where defendant drove past victim's house once and around her neighborhood twice; evidence of other actsa previous assault and harassing telephone callsmade it clear that what otherwise appeared to be an innocent act was actually, knowingly causing victim mental distress.
Keywords: past acts
Date: 4/23/2002
State v. Grigsby
No. 1998CA00319 (Stark, 5th Dist., 4/09/99): Evidence of prior acts over past years admissible to assist jury in understanding that otherwise innocent-appearing acts, when put into context of previous contacts with victim, may be harassing attempts to cause mental distress.
Keywords: past acts
Date: 4/23/2002
State v. Mcgrath
(Cuyahoga, 8th Dist., 9/6/01), No. 77896, 2001 Ohio App. LEXIS 3964: Because many of the stalkers actions may have seemed innocent at first glance, the judge correctly permitted the introduction of testimony and photographs relating to his previous assaults of the victim as evidence of motive and intent, and to show the legitimacy of the threat.
Keywords:
Date: 4/17/2002
State v. Cox
(Butler, 12th Dist., 6/25/01), No. CA2000-07-144, 2001 Ohio App. LEXIS 2829: Although appellants counsel acknowledged that appellant was guilty of the domestic violence and menacing charges, appellant pled "not guilty" to those charges. By pleading not guilty to the charges, appellant placed in issue all of the essential elements of the offenses of kidnapping, domestic violence, and aggravated menacing. The "other acts" evidence was relevant to establishing the victims state of mind during the incident, as prior acts of violence between a defendant and the victim are highly probative in establishing the victims believe of impending serious harm.
Keywords:
Date: 4/17/2002
