Cleveland v. Hopkins
2012 Ohio 5170
Ohio Ct. App.2012Background
- Hopkins was cited for DUI, DUI with BAC > .08, failure to use headlights, failure to signal, and failure to wear a seatbelt and proceeded to a bench trial.
- A sobriety checkpoint operation occurred on East 86th Street and Broadway; Hopkins was stopped and showed signs of intoxication (smell of alcohol, red glassy eyes, flushed face).
- Hopkins submitted to a breath test at a BAT mobile; BAC registered .119, exceeding the legal limit.
- The trial court found Hopkins guilty on all charges and imposed a jail term and fines; separate petty theft case was consolidated for appeal.
- Hopkins alleges ineffective assistance of counsel, insufficiency and weight of the evidence, and sentencing-entry discrepancy; the court addresses each on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel. | Hopkins argues counsel failed to obtain dashcam video, among other deficiencies. | Hopkins asserts deficiencies prejudiced defense by undermining evidence. | First assigned error overruled; no prejudice shown. |
| Sufficiency of the evidence for DUI convictions. | State contends BAC > .08 and impairment supported conviction. | Hopkins argues lack of proof of impairment and proper testing procedures. | Second assigned error overruled; evidence sufficient. |
| Manifest weight of the evidence. | State argues evidence supports conviction beyond reasonable doubt. | Hopkins contends the verdict is against the weight of the evidence. | Third assigned error overruled; not against weight of the evidence. |
| Clerical error in sentencing entry regarding fine. | Record shows $100 fine; journal entry shows $200. | N/A or not argued separately. | Fourth assigned error sustained; case remanded for correction of the journal entry to reflect the recognized sentence. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard; highly deferential review)
- State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (sufficiency and same standard as Crim.R. 29 analysis)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review; rational trier of fact standard)
- State v. Adams, 73 Ohio App.3d 735 (Ohio App. 2d Dist. 1992) (basis required to suppress evidence; foundational evidence rule)