[DV_listserv] Stalking Case

[Domestic Violence issues]

>From DOJ's Appellate Update:

**Remember, when the repeated and unwanted contacts which form the basis of the stalking include communications, you have to prove that those communications include threats that a reasonable person would conclude were threats "of imminent and serious personal violence."

STALKING: Letters that defendant sent to his former therapist were not
communications that a reasonable person could conclude were "threats of imminent
and serious personal violence," as required by State v. Rangel.
State v. Hilde, 285 Or App 498, __ P3d __ (2017) (per curiam) (Jackson)
(AAG Carson Whitehead). Defendant was charged with two counts of stalking,
ORS 163.732. At trial, he moved for a judgment of acquittal, contending the evidence
was not sufficient to prove that the letters he sent to the victim, his former therapist, were
communications that a reasonable person could conclude were threats "of imminent and
serious personal violence," as is required by State v. Rangel, 328 Or 294 (1999). The
trial court (Judge Kelly Ravassipour) denied the motion, and defendant was found guilty.
Held: Reversed and remanded. "The letters, which were relied upon for both
counts, were insufficient under Rangel to constitute a contact as required under
ORS 163.732."
http://www.publications.ojd.state.or.us/docs/A160154.pdf

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