Parma v. Kannenberg
2014 Ohio 5681
Ohio Ct. App.2014Background
- Neighbors Gary and Kim Geyer obtained an ex parte temporary protection order (TPO) on June 21, 2012; appellant Carleen Kannenberg was served June 26, 2012. Several incidents between June 2012 and March 2013 led to multiple municipal citations consolidated for trial.
- Citations included disorderly conduct (June 23, 2012), disturbing the peace and criminal trespass (June 26, 2012), open burning and disorderly conduct while intoxicated (July 5, 2012), violating a TPO (September 13, 2012), and another alleged TPO violation (March 2013).
- The Geyers testified (and police corroborated in part) that Kannenberg played extremely loud music, shouted obscenities early in the morning, made menacing gestures on the Geyers’ property, and relit a backyard fire after it was extinguished.
- Appellant argued her conduct was protected speech or otherwise unsupported (no video introduced, officer did not personally see some events, property boundary disputed).
- The municipal court convicted Kannenberg of multiple offenses (except one March 2013 charge), imposed jail, fines, and probation, and the convictions were appealed on sufficiency and manifest-weight grounds.
Issues
| Issue | Plaintiff's Argument (City) | Defendant's Argument (Kannenberg) | Held |
|---|---|---|---|
| Sufficiency of evidence for disorderly conduct (June 23) | Officer heard loud music and shouting; manner (volume/time) supported ordinance | Speech was protected First Amendment expression; merely yelling in her backyard | Conviction affirmed — manner (unreasonable noise) justified citation; content analysis unnecessary |
| Sufficiency for disturbing the peace (June 26) | Music so loud it was audible down the block and inside the Geyers’ closed home | Playing music is protected; not punishable speech | Conviction affirmed — volume and disturbance met ordinance standard |
| Sufficiency for criminal trespass (June 26) | Geyers and officers testified appellant entered/was on Geyers’ property; video viewed by police corroborated | Video not introduced; property boundary disputed | Conviction affirmed — eyewitness testimony sufficed to show knowing entry |
| Sufficiency for open burning (July 5) | Geyer testified appellant relit fire after first extinguishment; FD extinguished twice | Officer issuing citation did not personally see fire; lack of direct evidence | Conviction affirmed — victim testimony corroborated by fire department response |
| Sufficiency for violating TPO (Sept 13 and related dates) | Geyers testified appellant was aware of TPO and yelled/gestured at them; officers reviewed surveillance | Officer did not personally witness some events; surveillance not played at trial | Conviction(s) affirmed where testimony showed violation of no-contact terms |
| Manifest weight of the evidence | Evidence and some officer testimony corroborated Geyers’ version; multiple witnesses | Argues Geyers biased against landlord and overreacting; some records and journal entries inconsistent | Not against manifest weight — trial court did not lose its way; convictions stand |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review: evidence viewed in light most favorable to prosecution)
- State v. Hoffman, 57 Ohio St.2d 129 (Ohio 1978) (First Amendment limits on disorderly-conduct convictions for offensive utterances)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight-of-the-evidence standard)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court determines witness credibility)
- State v. Antill, 176 Ohio St. 61 (Ohio 1964) (trial court may accept part of a witness’s testimony and reject the rest)