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State v. Pariscoff
2019 Ohio 172
Ohio Ct. App.
2019
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Background

  • Mark Pariscoff (defendant) called his twin sister R.B. initially about housing; discussion escalated into threats and abusive language.
  • Over roughly three hours Pariscoff made 29 calls to R.B.'s cell phone; she hung up repeatedly and told him to stop.
  • R.B. testified Pariscoff threatened to slap her, told her to “watch [her] back,” and said he would set her house on fire; she reported being fearful.
  • Deputies verified 29 incoming calls logged on R.B.’s phone and contacted Pariscoff, who told them he would continue calling and used abusive language about his sister.
  • Pariscoff admitted making numerous calls but claimed dropped calls and lack of intent to harass; he denied making certain threats and said some remarks were provoked.
  • A jury convicted Pariscoff of telephone harassment under R.C. 2917.21(A)(1) (purpose to harass, intimidate, or abuse) but acquitted on a related subdivision; he was sentenced to 30 days jail (stayed pending appeal).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether conviction is against the manifest weight of the evidence (intent to harass) State: evidence (28 subsequent calls, threats, ignoring commands to stop) supports finding of knowing purpose to harass/intimidate/abuse Pariscoff: repeated calls resulted from dropped calls and intent was to seek help, not to harass; any harsh words were provoked Affirmed — jury reasonably credited State’s witnesses; not an exceptional case warranting reversal on manifest weight grounds
Whether trial judge’s conduct denied a fair trial (prejudicial remarks/interruptions) State: court’s conduct did not create reversible error; defendant failed to preserve objections Pariscoff: judge repeatedly interrupted counsel and admonished him before objections, suggesting bias and prejudicing the jury Affirmed — issue forfeited by failure to timely object; appellant did not argue plain error on appeal, so appellate court declined to address it

Key Cases Cited

  • State v. Otten, 33 Ohio App.3d 339 (9th Dist.) (standard for manifest weight review)
  • State v. Thompkins, 78 Ohio St.3d 380 (discretion to reverse on manifest weight should be exercised only in exceptional cases)
  • State v. Martin, 20 Ohio App.3d 172 (manifest weight standard discussion)
  • State v. Wade, 53 Ohio St.2d 182 (trial judge’s influence on jury and prohibition on prejudicial remarks)
  • Starr v. United States, 153 U.S. 614 (early statement on judicial influence over jury)
  • State v. Williams, 51 Ohio St.2d 112 (requirement to timely object to preserve judicial conduct complaints)
Read the full case

Case Details

Case Name: State v. Pariscoff
Court Name: Ohio Court of Appeals
Date Published: Jan 22, 2019
Citation: 2019 Ohio 172
Docket Number: 17AP0023
Court Abbreviation: Ohio Ct. App.