Public-domain · open source
OpenJurist

2025 Ohio 2041

State v. Craddock

Ohio Court of Appeals

Decided June 9, 2025

Ohio Court of Appeals · decided 2025-06-09

Appellant's conviction for violating a protection order in violation of R.C. 2919.27(A)(2) was supported by sufficient evidence and not against the manifest weight of the evidence where the record established that appellant harassed the victim and committed acts of abuse towards the victim contrary to the terms of a protection order.

Relies on State v. Jenks · State v. Dehass

Decided 2025-06-09

[Cite as State v. Craddock, 
2025-Ohio-2041
.]



                                   IN THE COURT OF APPEALS

                          TWELFTH APPELLATE DISTRICT OF OHIO

                                          WARREN COUNTY


 STATE OF OHIO,                                     :

        Appellee,                                   :     CASE NO. CA2024-09-060

                                                    :             OPINION
     - vs -                                                        6/9/2025
                                                    :

 LARISSA CRADDOCK,                                  :

        Appellant.                                  :



                  CRIMINAL APPEAL FROM MASON MUNICIPAL COURT
                               Case No. 24CRB00181


Maxwell D. Kinman, for appellee.

Bradley R. Hoyt, for appellant.


        PIPER, J.

        {¶ 1} Appellant, Larissa Craddock, appeals her conviction in the Mason Municipal

Court after the trial court found her guilty of violating a protection order in violation of R.C.

2919.27(A)(2), a first-degree misdemeanor. For the reasons outlined below, we affirm

Craddock's conviction.

        {¶ 2} On September 26, 2023, the victim in this case, K.J., received a civil stalking

protection order against Craddock.1 The protection order was issued to Craddock

pursuant to R.C. 2903.214. The protection order prohibited Craddock from, among other



1. K.J. is the stepmother to Craddock's young daughter.
                                                                  Warren CA2024-09-060

things, harassing K.J. and "committing acts of abuse or threats of abuse" against K.J. The

protection order also prohibited Craddock from coming within 500 feet of K.J. "wherever"

K.J. "may be found" or "any place" that Craddock "knows or should know" K.J. was "likely

to be." This would include, for instance, K.J.'s residence.

       {¶ 3} On March 6, 2024, a complaint was filed charging Craddock with violating

the above-referenced protection order. The charge arose after it was alleged Craddock

had violated the terms of the protection order by having contact with and harassing K.J.

on the evening of February 25, 2024. Specifically, the complaint alleged:

              Prior to an official escort by Deputy Wesslin[e], the defendant
              entered into the protected area set forth by the protection
              order. During the escort, the defendant harassed the
              protected parties and had to be told by the on scene deputy
              to leave the immediate area and go to her car/sidewalk.

       {¶ 4} The matter proceeded to a bench trial held on July 23, 2024. During trial,

the trial court heard testimony and took evidence from two witnesses, K.J. and Deputy

Wessline. The following is a summary of that trial testimony and evidence.

       {¶ 5} On the evening February 25, 2024, Craddock was scheduled to pick up her

daughter, H.J., from K.J. at the Blue Ash Police Department. The scheduled pickup time

was 6:00 p.m. Craddock did not show. Rather, at approximately 7:00 p.m., Craddock

appeared at K.J.'s residence with a police escort, Deputy Wessline. Craddock, while

being escorted up to K.J.'s front door by Deputy Wessline, then contacted K.J. This

contact was made, according to K.J.'s testimony, for Deputy Wessline "[b]asically to

mediate the thing . . ." However, as K.J. testified, rather than having Deputy Wessline

mediate, Craddock was instead "sitting behind the officer laughing and smiling,

videotaping me, and then proceeded to make harassing comments during the – at spots."

This included Craddock yelling out that K.J. was a diagnosed schizophrenic, an outburst

that prompted Deputy Wessline to order Craddock back to her vehicle parked in K.J.'s

                                            -2-
                                                                     Warren CA2024-09-060

driveway. Once there, the record indicates that Craddock "screamed" at K.J. "from her

car a couple more times" before eventually leaving the scene. This was done all contrary

to Deputy Wessline's order that Craddock not "engage or anything" with K.J., to "try to

keep a civil tongue" with K.J., and "just be adults."

        {¶ 6} The trial court, upon hearing the above testimony and evidence, issued its

verdict finding Craddock guilty as charged. In so doing, the trial court stated:

                [Y]ou being present at the house, in and of itself, is not the
                violation. The violation occurred when there was extraneous
                communication when you were there. You were given clear
                instructions by the Deputy, do not initiate the conversation and
                do not – I want to get it right – do not engage. Two clear
                instructions. Had you followed them, we wouldn't be here.
                Okay. Or if we're here, it'd be a pretty easy not guilty.

                But you making that comment about the complaining witness,
                [K.J.], that she's diagnosed, and she – all that – that – that
                was way beyond and that was contact that was in – reckless,
                for sure, and this was in violation of the protection order
                clearly. All right.

        {¶ 7} Upon the trial court issuing its verdict, the matter then proceeded to

sentencing. At sentencing, the trial court ordered Craddock to serve one year of basic

probation. The trial court also ordered Craddock to spend 180 days in jail, with 175 of

those days suspended, and for Craddock to pay a $300 fine plus court costs. 2 Shortly

thereafter, on August 22, 2024, Craddock filed a notice of appeal. Following briefing, on

May 14, 2025, the matter was submitted to this court for consideration. Craddock's appeal

now properly before this court for decision, Craddock has raised one assignment of error

for review.

        {¶ 8} THE TRIAL COURT ERRED TO DEFENDANT-APPELLANT AGAINST

THE MANIFEST WEIGHT OF THE EVIDENCE AND IN ABSENCE OF COMPETENT



2. The trial court stayed Craddock's sentence pending this appeal.

                                                  -3-
                                                                   Warren CA2024-09-060

CREDIBLE EVIDENCE FOUND THE DEFENDANT GUILTY.

       {¶ 9} In her single assignment of error, Craddock argues the trial court's decision

finding her guilty of violating a protection order was not supported by sufficient evidence

and was against the manifest weight of the evidence. We disagree.

       {¶ 10} A claim challenging the sufficiency of the evidence "requires a

determination as to whether the state has met its burden of production at trial." State v.

Boles, 
2013-Ohio-5202, ¶ 34
 (12th Dist.). When making such a determination, "[t]he

relevant inquiry is 'whether, after viewing the evidence in a light most favorable to the

prosecution, any rational trier of fact could have found the essential elements of the crime

proven beyond a reasonable doubt.'" State v. Roper, 
2022-Ohio-244, ¶ 39
 (12th Dist.),

quoting State v. Jenks, 
61 Ohio St.3d 259
 (1991), paragraph two of the syllabus. When

conducting this review, "appellate courts do not assess whether the prosecution's

evidence is to be believed but whether, if believed, the evidence supports the conviction."

State v. Carter, 
2018-Ohio-29, ¶ 7
 (8th Dist.), citing State v. Yarbrough, 
2002-Ohio-2126, ¶ 79-80
. Therefore, when reviewing whether a trial court's verdict finding the defendant

guilty was supported by sufficient evidence, "[t]his court merely determines whether there

exists any evidence in the record that the trier of fact could have believed, construing all

evidence in favor of the state, to prove the elements of the crime beyond a reasonable

doubt." State v. Brummett, 
2024-Ohio-2332, ¶ 9
 (12th Dist.).

       {¶ 11} "Unlike the sufficiency-of-the-evidence standard of review," which, as noted

above, addresses the state's burden of production, "'a manifest-weight-of-the-evidence

standard of review applies to the state's burden of persuasion.'" State v. Casey, 2024-

Ohio-689, ¶ 10 (12th Dist.), quoting State v. Messenger, 
2022-Ohio-4562, ¶ 26
. "To

determine whether a conviction is against the manifest weight of the evidence, this court

must look at the entire record, weigh the evidence and all reasonable inferences, consider

                                           -4-
                                                                       Warren CA2024-09-060

the credibility of the witnesses, and determine whether in resolving the conflicts in the

evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of

justice that the conviction must be reversed and a new trial ordered." State v. Lewis, 2020-

Ohio-3762, ¶ 18, (12th Dist.), citing State v. Wilks, 
2018-Ohio-1562
, ¶ 168. But, even

then, a determination regarding the witnesses' credibility is primarily for the trier of fact to

decide. State v. Baker, 
2020-Ohio-2882, ¶ 30
 (12th Dist.), citing State v. DeHass, 
10 Ohio St.2d 230
 (1967), paragraph one of the syllabus. This is because the trial court, as trier

of fact, is in the best position to weigh the credibility of the witnesses and the weight to be

given the evidence. State v. Brown, 
2025-Ohio-500, ¶ 30
 (12th Dist.). Therefore, given

that it is primarily the trier of fact who decides witness credibility, this court will overturn a

conviction on manifest-weight grounds "only in extraordinary circumstances when the

evidence presented at trial weighs heavily in favor of acquittal." State v. Kaufhold, 2020-

Ohio-3835, ¶ 10 (12th Dist.).

       {¶ 12} As noted above, Craddock was found guilty of violating a protection order

in violation of R.C. 2919.27(A)(2). That statute generally prohibits the reckless violation

of an order of protection. State v. Hollinsworth, 
2007-Ohio-2698, ¶ 8
 (12th Dist.).

Specifically, pursuant to R.C. 2919.27(A)(2), "[n]o person shall recklessly violate the

terms of . . . [a] protection order issued pursuant to section 2151.34, 2903.213, or

2903.214 of the Revised Code." "A person acts recklessly when, with heedless

indifference to the consequences, the person disregards a substantial and unjustifiable

risk that the person's conduct is likely to cause a certain result or to be of a certain nature."

R.C. 2901.22(C). "A person is reckless with respect to circumstances when, with heedless

indifference to the consequences, the person disregards a substantial and unjustifiable

risk that such circumstances are likely to exist." 
Id.
 Therefore, as noted by the Ohio

Supreme Court, "to sustain a conviction for a violation of a protection order pursuant to

                                              -5-
                                                                  Warren CA2024-09-060

R.C. 2919.27(A)(2), the state must establish, beyond a reasonable doubt, that it served

the defendant with the order before the alleged violation." State v. Smith, 2013-Ohio-

1698, ¶ 28.

       {¶ 13} In this case, there is no dispute that the protection order that Craddock was

alleged to have violated had been issued pursuant to R.C. 2903.214 and served upon

Craddock before the alleged violation occurred. There is also no dispute that the

protection order prohibited Craddock from harassing K.J. and "committing acts of abuse

or threats of abuse" against K.J. The record in this case clearly indicates that Craddock

did just that. That is to say, the record clearly indicates that Craddock violated the

protection order issued against her when she acted unnecessarily upon approaching

K.J.'s front door and, while standing behind Deputy Wessline, mockingly smiled at K.J.,

video recorded K.J. without her consent, and yelled out derogatory comments towards

K.J. This included Craddock screaming out that K.J. had been diagnosed as a

schizophrenic. Therefore, while we render no opinion as to whether Craddock violated

the protection order issued against her by merely coming onto K.J.'s property with Deputy

Wessline, Craddock clearly violated the protection order by engaging in unnecessarily

egregious behavior upon entering onto K.J.'s property and making derogatory comments

towards K.J. after being told by Deputy Wessline not to "engage or anything" with her.

Accordingly, because we find Craddock's conviction was supported by sufficient evidence

and not against the manifest weight of the evidence, Craddock's single assignment of

error lacks merit and is overruled.

       {¶ 14} Judgment affirmed.


       HENDRICKSON, P.J., and BYRNE, J., concur.




                                           -6-

/2025/ohio/2041 · .json · Public domain