State v. Rexrode
2018 Ohio 3634
Ohio Ct. App.2018Background
- Appellant Jacob C. Rexrode and victim E.C. were in a relationship; after she ended it, she sought and obtained an ex parte civil protection order (CPO) on October 17, 2016, prohibiting contact including telephone calls.
- Deputy Roland Stewart went to the hospital emergency room on October 20, 2016 to serve Rexrode the CPO while Rexrode was under psychiatric evaluation and claimed he was handcuffed behind his back.
- Rexrode called E.C. from the psychiatric unit the next day (first VPO charge) and, while in jail, called E.C.’s number 11 times on October 28, 2016 (second VPO charge).
- At bench trial Rexrode was found not guilty on the first VPO but guilty on the second VPO; he appealed arguing insufficient evidence and manifest weight of the evidence because the State failed to prove he was properly served the CPO.
- The trial court credited Deputy Stewart’s testimony about his long-standing routine of reading the CPO, completing a receipt, and usually handing the document to the respondent; Stewart denied handing the CPO to another officer or making any special notation of unusual circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved service of the ex parte CPO before alleged violations | State: Deputy Stewart followed his routine and signed a receipt showing service; habit evidence supports that he served Rexrode | Rexrode: Deputy Stewart didn’t actually give him the document in the ER; he was handcuffed behind his back and lacked possession/notice | Court: Service was proven; sufficiency and weight of evidence support conviction |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency and manifest-weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review: evidence viewed in light most favorable to prosecution)
- State v. Smith, 136 Ohio St.3d 1 (Ohio 2013) (prosecution must prove defendant was served with protection order to convict under R.C. 2919.27(A)(2))
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (deference to trier of fact on witness credibility)
- State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App.) (manifest-weight reversal reserved for extraordinary cases)
- DeHass v. State, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations for trier of fact)
- Cardinal v. Family Foot Care Ctrs., Inc., 40 Ohio App.3d 181 (Ohio Ct. App.) (admissibility and rationale for habit evidence)