Chagrin Falls v. Ptak

Citations

• 2020 Ohio 5623

Syllabus

R.C. 2903.211(A)(1) menacing by stalking R.C. 2903.211(D)(2) mental distress sufficiency of the evidence manifest weight of the evidence Evid.R. 901 authentication of cell phone records Evid.R. 801 hearsay Evid.R. 803(8)(a) public records exception to the hearsay rule police LEADS reports ineffective assistance of counsel prosecutorial misconduct. The defendant's conviction for menacing by stalking was supported by sufficient evidence, and the jury's verdict was not against the manifest weight of the evidence where the evidence showed that the defendant excessively contacted his ex-girlfriend for over three years, she contacted the police four times, she sent him a cease-and-desist letter via certified mail, he found out where she lived and left a love letter and roses on her car, she traded cars with her mother because she feared he would follow her, and he did follow her by car after the charges were processed against him and a no-contact order was in place. The prosecution properly authenticated the defendant's phone records. A police LEADS report and an officer's testimony about it were properly admitted through the public records exception to the hearsay rule. The prosecutor's comments in closing argument did not rise to the level of prosecutorial misconduct.