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