State v. Randolph, 194 N.E.3d 476

On Dec. 29, 2020, police and Greenbelt Place Apartments manager Renee Freeman responded to noise complaints at an apartment leased to appellant Antonio Randolph’s uncle; Randolph was present among ~11 people and was arrested for criminal trespass.
Freeman testified she had repeatedly told Randolph since June 2020 that he was banned from Greenbelt property and that a "banned list" with his name was posted by the office door; Randolph testified he never received written notice and was invited by his uncle.
Trial court found Freeman credible, concluded Randolph had been properly notified and lacked privilege to be on the property, and convicted him of criminal trespass (R.C. 2911.21); sentence: 30 days jail (suspended) and costs.
On appeal, Randolph raised (1) insufficiency/manifest-weight challenge based on lack of written notice of the ban, and (2) that he had privilege as an invited guest of a lawful tenant.
The Sixth District reversed: it held written notice is not required by R.C. 2911.21 (so that claim failed), but the state failed to prove beyond a reasonable doubt Randolph lacked privilege to be in his uncle’s apartment as an invited guest; court vacated the conviction and certified a conflict to the Ohio Supreme Court on whether a landlord/agent can bar a person such that a tenant may not invite that person into the tenant’s individual unit.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Randolph)	Held
Whether written notice was required to prove a person knowingly violated a restriction under R.C. 2911.21	Written notice is not an element; verbal notice and posting sufficed to show he knew or was restricted	He never received written notice and therefore couldn’t knowingly violate a restriction; reliance on service rules	Court: R.C. 2911.21 does not mandate written notice; first assignment not well‑taken.
Whether Randolph lacked privilege to be in the tenant’s apartment (i.e., whether a tenant’s invitation can confer privilege despite a landlord/agent ban)	Manager’s ban applied to entire property and trumps a tenant’s invitation to protect other tenants’ quiet enjoyment (aligning with Second Dist. precedents)	As an invited guest of a lawful tenant, Randolph had privilege to be in the unit; state failed to prove lack of privilege beyond a reasonable doubt	Court: State failed to show Randolph lacked privilege; conviction reversed and vacated. Court certified conflict to Ohio Supreme Court on whether owner/agent can prohibit entry such that tenant cannot invite the barred person.

State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991) (standard for reviewing sufficiency of evidence—view evidence in light most favorable to prosecution)
State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (distinguishes sufficiency and manifest‑weight review)
State v. Lyons, 18 Ohio St.3d 204, 480 N.E.2d 767 (1985) (types of elements the state must prove in criminal statutes)
State v. Morris, 132 Ohio St.3d 337, 972 N.E.2d 528 (2012) (appellate review standard for questions of law)
State v. Herder, 65 Ohio App.2d 70, 415 N.E.2d 1000 (10th Dist. 1979) (trespass is invasion of possessory interest; tenant’s possession limits owner’s exclusion rights with respect to the tenant’s unit)
State v. Were, 118 Ohio St.3d 448, 890 N.E.2d 263 (2008) (appellate courts should not reassess witness credibility on sufficiency review)