State v. Seibert, 2017 Ohio 9080

Ex parte civil stalking protection order issued April 12, 2016 required Seibert to stay outside 500 feet of the victim.
Ten days later, the victim and her father saw Seibert enter his downstairs apartment directly beneath the victim.
The victim called police reporting a violation of the protection order after observing Seibert within 500 feet.
A bench trial followed; the court found Seibert guilty and sentenced him to 180 days in jail and a fine.
Seibert appeals sole assignment of error arguing the conviction is based on insufficient evidence and is against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction is supported by sufficient evidence	Seibert	Seibert contends no sufficient proof he violated the order	Sufficiency proven beyond a reasonable doubt

State v. Thompkins, 78 Ohio St.3d 380 (1997) (de novo review for sufficiency; beyond reasonable doubt standard)
State v. Jenks, 61 Ohio St.3d 259 (1991) (summaries standard of review for sufficiency; appellate deference to trial evidence)
State v. Otten, 33 Ohio App.3d 339 (1986) (manifest weight review framework)
State v. Martinez, 2013-Ohio-3189 (9th Dist. Wayne No. 12CA0054) (manifest weight review; credibility determinations at issue)
State v. Kuruc, 2017-Ohio-4112 (9th Dist. Medina No. 15CA0088-M) (sufficiency burden limited to production not persuasiveness)
State v. Johnson, 2010-Ohio-3296 (9th Dist. Summit No. 25161) (credibility determinations of witnesses within fact-finder's purview)