City of Dayton v. Smith

Alice 0. McCollum, Judge.

This cause came before the court on defendant’s motion to dismiss and to declare R.C. 2903.211 unconstitutional, and the state’s memorandum contra defendant’s motion to dismiss. An oral hearing was held on October 21, 1994.

*22Defendant, Michael R. Smith, was charged with stalking in violation of R.C. 2903.211, the newly enacted anti-stalking statute. The complaint reads in pertinent part:

“[0]n or about July 15, 1994, Michael Smith did unlawfully engage in a pattern of conduct which knowingly caused Diana Chivers to believe that he would cause physical harm or mental…