State v. Hoopingarner
2011 Ohio 3040
Ohio Ct. App.2011Background
- Ex parte Domestic Violence Civil Protection Order issued Sept 18, 2009 against Hoopingarner in favor of Denise Twardoski.
- Police informed Hoopingarner of the CPO and its terms before service, including Sept 21 and Sept 24, 2009 communications.
- Complaint for violation of the CPO filed Sept 27, 2009 alleging proximity and contact violations.
- Hoopingarner moved to dismiss arguing lack of service; court held knowledge of the order sufficed to prove violation.
- March 31, 2010: Hoopingarner pleaded no contest and was convicted and sentenced to 180 days; transcript incomplete for some proceedings.
- Record on appeal lacks the March 31 plea transcript, causing questions about the facts the court relied upon to convict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is against the manifest weight of the evidence | Hoopingarner argues weight of evidence supports acquittal | State contends no contest plea and record support conviction; knowledge of order suffices | Waived by no-contest plea; conviction affirmed |
Key Cases Cited
- Chagrin Falls v. Katelanos, 54 Ohio App.3d 157 (1988) (sufficiency of facts to support charge after no-contest plea)
- Cuyahoga Falls v. Bowers, 9 Ohio St.3d 148 (1984) (no-contest plea may still require facts establishing all elements)
- State v. Gilbo, 96 Ohio App.3d 332 (1994) (no-contest plea requires adequate explanation of circumstances to support charge)
- State v. McGhee, Montgomery App. No. 14515 (1995) (limits on appellate review after no-contest plea)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (when record omits portions necessary to resolve issues, presume validity of lower court)