State v. Willett, 2012 Ohio 1027

Willett was indicted in 2010 on counts arising from two incidents: 2006 gross sexual imposition and 2010 possession of criminal tools and menacing by stalking; trial court suppressed a photo array identification motion; trial proceeded as bench trial; state failed to prove felonies for two counts, leading the court to amend them to misdemeanors; Willett was convicted of menacing by stalking and gross sexual imposition and sentenced to 18 months, classified as a Tier I sex offender; Willett appealed raising three assignments of error.
The motion to suppress relied on an allegedly impermissibly suggestive photo array, but the transcript of the suppression hearing was not provided on appeal.
At issue, the court found sufficient pattern-of-conduct evidence for menacing by stalking, based on incidents in 2010 including a pornographic image message, subsequent calls/voicemails, and a nighttime house viewing with police surveillance; the pattern allegedly caused the victim to fear physical harm.
The appellate court held the first assignment of error waived due to missing suppression hearing transcript and affirmed the suppression ruling; it then found sufficient evidence of a pattern of conduct to support knowledge that harm would occur; all judgments were affirmed.
The decision finalizes with costs taxed to Willett and notes the spellings Willett/Willet in the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression ruling was proper given record deficiencies	Willett argues the photo array was impermissibly suggestive.	N/A	Assignment overruled; record deficiency requires presumption of regularity.
Whether there was sufficient evidence of a pattern of conduct to support 2903.211(A)(1)	Willett contends there was no pattern of conduct and no proof of mental distress.	State contends two or more related acts show pattern and cause belief of harm.	Sufficient evidence showed a pattern of conduct and that Willett knowingly caused belief of physical harm.

State v. Burnside, 100 Ohio St.3d 152 (2003 Ohio 5372) (mixed law-and-fact review for suppression; defer to trial court's factual findings)
State v. Metcalf, 9th Dist. No. 23600, 2007-Ohio-4001 (2007) (standard of review on suppression rulings in the Ninth District)
State v. Strehl, 2012-Ohio-119 (9th Dist. No. 10CA0063-M) (cites framework for suppressions and transcript necessity)
State v. Knapp, 9th Dist. No. 25063, 2010-Ohio-5328 (2010) (presumption of regularity when record is incomplete)
State v. Payne, 178 Ohio App.3d 617 (2008-Ohio-5447) (definition of mental distress and incapaсity standard)
State v. Morris, 2009-Ohio-4711 (8th Dist. No. 92080) (evidence of pattern of conduct; mental distress considerations)
State v. Davidson, 1995 WL 396455 (2nd Dist.) (indirect inference of intent from surrounding facts)
State v. Wenker, 9th Dist. No. 25185, 2011-Ohio-786 (2011) (intent may be inferred from surrounding circumstances)
State v. Werfel, 11th Dist. No. 2006-L-163, 2007-Ohio-5198 (2007) (pattern of conduct and reasonable fear standard)