Case Summaries: Stalking - Pattern of Conduct
Strausser v. White
2009-Ohio-3597 (8th Dist., Cuyahoga, 7/23/09) (evidence was sufficient to show that a postal customer on the postal carrier’s mail route knowingly engaged in a pattern of conduct that caused the carrier mental distress, as required to support the issuance of a civil stalking protection order, where the customer got angry with carrier when she refused to talk to him and began to harass her, obtaining her home address, personally delivering two letters to her without stamps on them, calling her employer to complain about her, going out on the street and approaching her, losing his temper with her, yelling at her from his yard, and threatening to make her "pay," causing her to have anxiety attacks, chest pains, sleepless nights, and seek help from a psychologist).
Date: 3/19/2010
State v. Mccoy
State v. McCoy, 2006-Ohio-6333 (9th Dist., Lorain, 12/4/2006) (Actions of stalking defendants children were properly included within defendant-mothers pattern of conduct because she drove her daughters to the victims house in her van, and it is reasonable to infer that the children were acting at their mothers direction when simultaneously yelling that the victim was a child molester" and calling him a variety of profane names.).
Keywords: conviction 2903.211 prof evidence "third party" "third parties"
Date: 4/2/2007
Coleridge v. Tomsho
No. 2002CA00280 (Stark, 5th Dist., 2/10/03) Affirmed trial courts grant of stalking CPO because following petitioner to work, driving around her house, and frequently calling her was sufficient evidence to constitute "knowingly causing" petitioner to believe defendant will cause her physical harm. Under a "preponderance of the evidence" standard, defendants conduct warranted the issuance of the menacing by stalking CPO.
Keywords: civil protection order,fear
Date: 1/12/2004
Perkins v. Channing
No. 13-03-36 (Seneca, 3rd Dist., 9/15/03) Trial courts grant of stalking CPO affirmed because defendants threat to shoot petitioner, firing a rifle in the air above petitioner, and chasing petitioners vehicle constituted a stalking "pattern of conduct."
Keywords: civil protection order
Date: 1/12/2004
Decarlo, Et Al. V Schilla
02-LW-3222, No. 80170 (Cuyahoga, 8th App.Dist., 8/15/2002) (trial courts dismissal of petition for stalking CPO reversed as being against the manifest weight of the evidence because respondents stated threat and menacing behavior over a two-year period constituted a "pattern of conduct" meeting the definition of menacing by stalking).
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Date: 10/30/2002
Tuuri v. Snyder
02-LW-1665, No. 2000-G-2325 (Geauga, 11th App.Dist., 4/30/2002) (trial courts denial of stalking CPO reversed because petitioners fear of physical harm was well-supported by facts including respondents thinly veiled threats, telephone harassment, and apparent disregard for the legal process).
Keywords: pattern of conduct,actions,incidents
Date: 10/30/2002
State v. Rucker
(Butler, 12th Dist., 1/22/02), No. CA2001-04-076, 2002 Ohio App. LEXIS 234: Coming to the victims place of employment on two consecutive days sufficiently established a "pattern of conduct."
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Date: 4/17/2002
Williams v. Mcdougal
(Gallia, 4th Dist., 5/16/01), No. 00CA014, 2001 Ohio App. LEXIS 2300: Stalking Civil Protection Order was denied because the one-time incident caused by a heated debate over a dog was insufficient to form a pattern.
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Date: 4/17/2002
Baddour v. Fox
No. 00CA00035 (Licking, 5th Dist., 11/15/00): Judgment reversed when appellant offered evidence of only one incident of a threat of physical harm to prove stalking by appellee; held that pattern of conduct consisting of two or more actions or incidents must exist when claiming an offense of menacing by stalking in order for civil protection order to be granted.
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Date: 4/17/2002
State v. Wasmire
No. 1994CA00012, 1994WL476462 (Stark, 5th Dist., 8/6/94): Defendant's conviction for menacing by stalking overturned because defendant's two separate actionsdriving behind a school bus in a reckless manner and on another occasion driving alongside the bus, calling the driver a bitch and extending his middle finger at herdid not constitute the pattern of conduct necessary to support a menacing by stalking conviction because there was no evidence that defendant's actions in the first incident were directed toward the victim.
Keywords: stalking behavior, stalking acts
Date: 4/17/2002
State v. Neese
(Warren, 12th Dist., 1996), 114 Ohio App.3d 93: Defendant's aggravated menacing conviction reversed, where State had charged him with menacing by stalking, and defendant had sought to defend himself against charge of menacing by stalking.
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Date: 4/17/2002
State v. Scruggs
No. 17747 (Montgomery, 2nd Dist., 2/18/00): Two or more actions or incidents constituting pattern of conduct must be alleged in menacing by stalking complaint in order to be admissible.
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Date: 4/17/2002
