Cincinnati v. Ilg
2013 Ohio 2191
Ohio Ct. App.2013Background
- City of Cincinnati appeals a trial court sanction order excluding a breath test due to the Ohio Department of Health's noncompliance with a discovery order; Ilg sought COBRA data from ODH related to the Intoxilyzer 8000 in a DWI case.
- Ilg served two subpoenas duces tecum on ODH for COBRA data; ODH did not provide the data.
- Trial court held a hearing, ordered production of COBRA data, and later noted ODH’s lack of resources to copy the database.
- ODH testified COBRA data were stored in a read-only format and unavailable for dissemination; no COBRA data produced.
- Trial court ultimately excluded the breath test from evidence; the city appealed the discovery ruling and the exclusion sanction.
- Appellate court affirmed the trial court, holding that the subpoena was not abused and that the sanction was proper due to the state’s noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in ordering COBRA data production | Ilg | City | No abuse; order within scope and supported by relevance; COBRA data essential for defense. |
| Whether excluding the breath test was proper sanctions for the state’s noncompliance | City | Ilg | Yes; sanctions were justified to protect Ilg’s right to a fair trial and to address noncompliance. |
Key Cases Cited
- Re Subpoena Duces Tecum Served upon Attorney Potts, 100 Ohio St.3d 97 (2003-Ohio-5324) (trial court must conduct evidentiary hearing on Crim.R. 17 subpoena)
- State v. Strickland, 183 Ohio App.3d 602 (2009-Ohio-3906) (abuse-of-discretion standard for subpoenas)
- State v. Vega, 12 Ohio St.3d 185 (1984-Ohio-) (general reliability of testing machine limits; machine-wide issues)
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (scope of reliability determinations under Vega)
- Reynolds v. Sims, 377 U.S. 533 (1964) (cities and states are related sovereignties for purposes of discovery)