Wednesday, October 10, 2012

less happy does not equal mental distress (10 10 12)

The Fifth District Court of Appeals for Stark County reversed a conviction of menacing by stalking because it was not based on sufficient evidence. The defendant was in a dispute with siblings over their father’s estate. The defendant would harass and annoy his siblings and their families, according to the decision of the Court of Appeals. To commit menacing by stalking, a defendant has to cause another person to believe that the offender will cause physical harm to them OR the offender has to cause mental distress to the other person. The Court of Appeals determined that the testimony at trial did not support a finding that the defendant caused "mental distress" to the victims. And a victim testified he was not in fear of the defendant. While the defendant’s actions caused stress and caused the family members to be "less happy," this did not amount to "mental distress" as defined by Ohio law. State v. Schoeneman, 2012-Ohio-4710.

Contact me if you need an Ohio Appeal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

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