T. L. A. v. Vierra
T. L. A. v. Vierra
Opinion of the Court
*577This is an appeal of a judgment granting a stalking protective order (SPO) in a dispute between neighbors. In his sole assignment of error, respondent challenges the entry of the SPO on the basis that there was insufficient evidence as a matter of law to prove each element required to obtain an SPO.
Respondent argues that he preserved the alleged error in his closing argument. Petitioner, appearing pro se , does not contest preservation. We have an independent obligation, however, to determine whether an issue was preserved in the trial court. Harrison v. Hall ,
"To preserve a claim of error concerning the legal sufficiency of the state's evidence, a defendant must-even in a case tried to the court-challenge the legal sufficiency of the evidence at trial." State v. Forrester ,
Upon review of the record, we conclude that respondent's closing argument did not "clearly raise[ ] the issue" of the legal sufficiency of the evidence.
In arguing that he preserved the issue of the legal sufficiency of the evidence, respondent points to a few individual statements from his closing argument that could be construed as sufficiency arguments. However, the bulk and the thrust of his closing argument was clearly directed at persuading the trial court as fact finder. To the extent that respondent intended to challenge the legal sufficiency of the evidence,
Affirmed.
Notably, respondent's counsel, who represented both respondent and a co-respondent, expressly moved at the close of petitioner's evidence to dismiss the petition against the co-respondent for legal insufficiency (which motion was granted) but made no such motion as to respondent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.