Brooklyn v. Kaczor
2013 Ohio 2901
Ohio Ct. App.2013Background
- Brooklyn charged Kaczor with obstructing official business under B.O. 525.07 after a 2:30 a.m. stop for potential curfew.
- Bench trial: Kaczor testified he was troubled by sleep and walking; Officer Roach testified he stopped him to verify age due to curfew.
- Kaczor refused to identify himself; he was arrested; during booking he stated he was 24; curfew violation not charged.
- Trial court convicted Kaczor of obstructing official business (second-degree misdemeanor) and sentenced a $100 fine, with fines and costs suspended.
- On appeal, Kaczor argued Crim.R. 29 acquittal and insufficient evidence; the court found merit to the arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to convict obstructing official business? | Brooklyn. | Kaczor. | Insufficient evidence; conviction reversed. |
Key Cases Cited
- State v. Kates, 169 Ohio App.3d 766 (2006-Ohio-6779) (elements paralleling RC 2921.31A; requires affirmative act)
- State v. Davis, 140 Ohio App.3d 751 (2000-Ohio-xxx) (affirmative act required; Davis fact pattern)
- State v. Folley, 2011-Ohio-4539 (2011-Ohio-4539) (refusal to provide identifying information after arrest not sufficient alone)
- Cleveland Hts. v. Lewis, 187 Ohio App.3d 786 (2010-Ohio-2208) (refusal to answer identity questions insufficient without more)
- State v. Wise, 2010-Ohio-2040 (5th Dist. 2010) (lawful detainment for curfew permissible; need further facts for detention)