State v. Leason
2011 Ohio 6591
Ohio Ct. App.2011Background
- Leason was indicted May 27, 2010 on domestic violence (felony), domestic violence (misdemeanor), unlawful restraint (misdemeanor), and criminal trespass (misdemeanor); a supplemental indictment, issued July 1, 2010, charged violation of a protection order (felony) occurring May 13–16, 2010.
- Leason moved to dismiss the supplemental indictment arguing the protection order was not time-stamped by the Akron Municipal Court clerk, hence not a valid order.
- State presented certified copies showing the protection order, related forms, NCIC notice, and docket entry reflecting filing May 13, 2010; defense relied on a prior ruling about finality without time-stamping; trial court denied the motion to dismiss.
- Trial proceeded; the jury acquitted the felony DV, convicted the other four charges; Leason was sentenced to 10 months in prison.
- Leason raises two assignments of error on appeal: (1) denial of motion to dismiss the supplemental indictment; (2) Crim.R. 29 burden of proof for sufficiency of evidence to convict of violating a protection order.
- Record included testimony that the protection order was signed May 13, 2010, docketed May 13, 2010, and a deputy clerk certified a true copy; NCIC form bore a May 13 stamping; calls to the victim from Leason’s jail PIN were shown; three calls on May 16 originated from another inmate’s PIN.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the supplemental indictment was properly filed despite no clerk time-stamp on the order | Leason: no filing without time-stamp; order not filed | State: other evidence shows filing | Assignment I overruled; order sufficiently filed |
| Whether there was sufficient evidence to prove recklessly violating the protection order | Leason: lacked mens rea; no recklessness proven | State: substantial evidence via signed order, calls, and PIN usage | Assignment II overruled; conviction supported by evidence |
Key Cases Cited
- State v. Rouse, 126 Ohio St.3d 1 (2010) (filing evidenced by alternative proof when clerk’s time stamp missing; defines 'filed' and 'certification')
- Tabatabai v. Tabatabai, 2009-Ohio-3139 (Ohio 2009) (civil protection order final despite lack of explicit time-stamp)
- State v. Eschrich, 2008-Ohio-2984 (Ohio 2008) (holding on denial of motion to vacate conviction when order later invalidated)
- State v. Hamlett, 2010-Ohio-6605 (Ohio App. 7th Dist. 2010) (civil protection order without time stamp discussed)
- State v. Short, 2011-Ohio-5744 (Ohio 2011) (evidence of filing via electronic docketing)
- Cleveland v. Simpkins, 192 Ohio App.3d 808 (2011-Ohio-1249) (docketing and deputy clerk signatures as proof of filing)