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WRITING MANUAL - Supreme Court - State of Ohio

WRITING MANUAL - Supreme Court - State of Ohio

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HOW TO USE SEE ALSO<br />

Because M.B.’s testimony was relevant to prove the essential elements <strong>of</strong><br />

appellant’s menacing-by-stalking charge and not otherwise unfairly<br />

prejudicial to him, the trial court did not abuse its discretion in admitting<br />

evidence <strong>of</strong> appellant’s other prior threats and acts <strong>of</strong> physical violence.<br />

See, e.g., Horsley at 27, 29 (evidence <strong>of</strong> past conduct toward victim,<br />

including prior conviction for telephone harassment, is relevant and<br />

properly admissible to prove essential elements <strong>of</strong> menacing-by-stalking<br />

charge); see also Skeens, 1999 WL 1082658, at *4 (defendant’s prior acts<br />

<strong>of</strong> violence and threats toward his wife were admissible because they<br />

were directly relevant to her belief that he intended to cause her physical<br />

harm).<br />

5. Cf.<br />

Do not use cf. Instead, use compare in a variation on the compare...with<br />

signal, explained below.<br />

6. Compare<br />

Use compare alone (i.e., without “with”) when the citation is to be<br />

compared with the immediately preceding citation. An explanatory<br />

parenthetical is recommended. Compare is used alone, where cf. would<br />

have been used.<br />

HOW TO USE COMPARE<br />

Unlike other statutes <strong>of</strong> limitations, R.C. 2305.07 does not define the<br />

time at which a claim for the relevant action accrues. Compare R.C.<br />

2305.09 (providing that a claim for the wrongful taking <strong>of</strong> personal<br />

property does not accrue until the wrongdoer is discovered).<br />

Unlike the father in Masa, Hobbs received income in excess <strong>of</strong> his total<br />

support obligation. Furthermore, food and shelter were paid for by the<br />

state due to his incarceration. Hobbs, however, failed to pay any support<br />

for more than a year. Compare In re Adoption <strong>of</strong> Canter, 5th Dist. Perry<br />

No. 98-CA-5, 1999 WL 668799, at *4 (Aug. 20, 1999) (noting that<br />

“[w]hile appellee’s contribution to Stetson’s support * * * may have<br />

been minimal, the evidence clearly established that appellee did not fail<br />

to provide support and maintenance to such a degree as to equate to<br />

abandonment”).<br />

The <strong>Supreme</strong> <strong>Court</strong> <strong>of</strong> <strong>Ohio</strong> 66 Writing Manual

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