State v. Hunter, 2013 Ohio 1469

Ex parte protection order issued against Hunter in Feb 2011 protecting M.C. and parents; Hunter served with order and remained within 500 feet of Curingtons’ residence within days; charged with violating the protection order under R.C. 2919.27; trial was a bench trial with both parties presenting testimony and photographs; defense claimed good faith visit and that she never entered 500 feet; trial court later corrected record to reflect Hunter was convicted after bench trial, not guilty plea; conviction and sentence: 180 days in jail (suspended), $100 fine, 3 years non-reporting community control; appeal filed under Anders with potential issue alleging weight of the evidence; appellate court found two issues for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the complaint to put Hunter on notice	Hunter argues the complaint lacked necessary facts	Hunter argues no explicit facts/subsections specifying conduct	Complaint sufficient under Crim.R. 3; cites statute language and limit of required specificity.
Whether the evidence supports the conviction for reckless violation	State argues evidence showed awareness of 500-foot prohibition and conduct within proximity	Hunter contends conduct was in good faith and not reckless	Evidence sufficient; reasonable finder could conclude recklessness beyond a reasonable doubt.

State v. Hadley, 2009-Ohio-4595 (Ohio Ct. App. 6th Dist.) (sufficiency and notice standards for complaints under Crim.R. 3)
State v. Dennis, 79 Ohio St.3d 421 (1997) (sufficiency review: whether evidence proves essential elements beyond reasonable doubt)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of testimony are jury/finder-of-fact concerns)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (establishes standard for reviewing sufficiency of evidence)
State v. Wilson, 2009-Ohio-525 (2d Dist. Montgomery No. 22581) (appellant’s credibility and proximity determinations)