Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brogden

Court of Appeals of Ohio, First District, Hamilton

March 2, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
ASHLEY BROGDEN, Defendant-Appellant.

         Hamilton County Municipal Court Trial No. 16CRB-32986

          Paula Boggs Muething, City Solicitor, Natalia Harris, City Prosecutor, and Christopher Liu, Assistant City Prosecutor, for Plaintiff-Appellee,

          Raymond T. Faller, Hamilton County Public Defender, and Demetra Stamatakos, Assistant Public Defender, for Defendant-Appellant.

          OPINION

          Zayas, Judge.

         {¶1} Ashley Brogden appeals her conviction, following a bench trial, for violating a protection order. The state concedes that the conviction must be reversed. Because the state failed to prove that the protection order was in effect on the date of the offense, we reverse the conviction and discharge Brogden from further prosecution.

         Facts and Procedural History

         {¶2} On December 8, 2016, Brogden was charged with one count of violating a civil protection order in violation of R.C. 2919.27(A)(2), a misdemeanor of the first degree. The protection order was an ex-parte, temporary order obtained by her neighbor, Jessica Wilson, on November 3, 2016. Both lived in the same apartment building, and their apartments were next door to each other.

         {¶3} On November 22, 2016, Officer Price responded to a call regarding an alleged assault of Wilson by Brogden. While Price was speaking with Brogden, he learned that the temporary protection order had not been served on Brogden. Price retrieved the temporary protection order from the police station and returned to serve Brogden a copy of the order.

         {¶4} On December 8, 2016, Jessica Wilson filed a complaint alleging that Brogden verbally harassed her by cursing at her and threatening violence on multiple occasions between December 6 and 8, 2016. Brogden entered a not-guilty plea, and the case proceeded to a bench trial.

         {¶5} At trial, Wilson and her mother testified that Brogden shouted insults at Wilson all three days. Brogden testified that Wilson taunted her all three days, and Brogden responded to her once.

         {¶6} Price identified the ex-parte protection order that he had served on Brogden on November 22, 2016. The order that he delivered to her was effective until November 16, 2016, when the full hearing was scheduled. The protection order was admitted into evidence.

         {¶7} After closing arguments, the trial court reviewed the protection order and noted that it had expired on November 16, 2016, before the alleged violation. The court then asked the prosecutor if she had another protection order.

         {¶8} The prosecutor had a separate entry showing that the full hearing on the protection order had been continued until February 14, 2017, and that the temporary order remained in effect until then. The entry had not been attached to the temporary order, and the return of service upon respondent was left blank. The entry was not certified, and Price did not identify the entry or testify that he had served Brogden with a copy of the entry continuing the temporary order.

         {¶9} The trial court allowed the state to admit the document as evidence, over Brogden's objection. The court found Brogden guilty ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.