Calhoun v. Wood
516 S.W.3d 357
| Ky. Ct. App. | 2017Background
- Frances Marie Wood petitioned the Hancock Circuit Court for an interpersonal protective order (IPO) alleging Kevin M. Calhoun stalked and harassed her for about two years.
- Allegations included: repeated uninvited visits, Calhoun letting himself into Wood’s apartment and refusing to leave, multiple contacts after she told him to stop, and Calhoun drilling a hole in her car tire so she could not go to work. Landlord surveillance allegedly showed Calhoun’s vehicle repeatedly near her apartment.
- A temporary IPO restrained Calhoun from coming within 500 feet of Wood and of a named business; a hearing followed.
- The circuit court found by a preponderance of the evidence that Calhoun stalked Wood and entered an IPO effective June 28–December 28, 2016.
- Calhoun appealed, arguing the evidence did not support a finding of stalking. Wood did not file an appellee brief. The IPO expired while the appeal was pending.
Issues
| Issue | Plaintiff's Argument (Wood) | Defendant's Argument (Calhoun) | Held |
|---|---|---|---|
| Whether the appeal is moot due to IPO expiration | Appeal should proceed because collateral consequences of an IPO persist | IPO expiration renders the appeal moot | Court applied collateral-consequences exception and declined to dismiss the appeal |
| Whether evidence supported a finding of "stalking" under KRS 508.130 | Wood alleged repeated unwanted contacts, forced entry, tire damage, and surveillance corroboration supporting stalking | Calhoun argued the conduct did not meet statutory stalking elements | Court held the facts met the definition of "stalk" (course of conduct, directed at a person, causing alarm/harassment, no legitimate purpose) |
| Whether conduct satisfied second-degree stalking (KRS 508.150) | Damage to tire constituted an implicit threat intended to place Wood in reasonable fear of physical injury or death | Calhoun contended elements of second-degree stalking were not shown | Court concluded Calhoun’s intentional tire damage plus course of conduct satisfied second-degree stalking elements |
| Whether IPO was properly entered after hearing | Wood argued IPO was warranted to prevent further stalking | Calhoun argued insufficient evidence for IPO | Court affirmed IPO: hearing, findings, and preponderance-of-evidence standard met |
Key Cases Cited
- Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014) (mootness doctrine and exceptions, including collateral consequences)
- Caudill v. Caudill, 318 S.W.3d 112 (Ky. App. 2010) (application of collateral-consequences exception where a domestic violence order expired)