Opinion
2024-0340
04-24-2024
Z.J. v. R.M.
Donnelly, J., would recognize the conflict only as to Smith and Caban. Brunner, J., would recognize the conflict only as to Caban.
Richland App. No. 2022 CA 0071, 2023-Ohio-3552. On review of order certifying a conflict. The court determines that a conflict exists. The parties shall brief the issue as stated on page 7 of the court of appeals’ March 4, 2024 entry: "Whether R.C. 2903.211 (A)(1) requires a victim to actually experience mental distress or only believe that the stalker will cause the victim physical harm or mental distress, for a court to issue a civil stalking protection order." The conflict cases are Smith v. Wunsch, 162 Ohio App.3d 21, 2005-Ohio-3498, 832 N.E.2d 757 (4th Dist.), Caban v. Ransome, 7th Dist. Mahoning No. 08 MA 36, 2009-Ohio-1034, and State v. Payne, 178 Ohio App.3d 617, 2008-Ohio-5447, 899 N.E.2d 1011 (9th Dist.).
Donnelly, J., would recognize the conflict only as to Smith and Caban.
Brunner, J., would recognize the conflict only as to Caban.