Cleveland v. Maxwell
2017 Ohio 4442
| Ohio Ct. App. | 2017Background
- Maxwell was charged with OVI, marked lanes violation, and OVI with a prior; bench trial held August 2016 in Cleveland Municipal Court.
- Trooper Hiram Morales observed Maxwell cross lanes and change lanes without signaling on I-90; initiated a traffic stop.
- Morales smelled alcohol in the vehicle/breath, noted red/glassy eyes, and administered HGN, walk-and-turn, and one-leg-stand tests; Maxwell performed poorly and was arrested.
- Maxwell refused breath testing at the station.
- Maxwell testified he had an orbital fracture with plate/screws limiting vertical eye movement, was distracted by texting, and claimed poor test performance was due to medical condition and sloped/wet roadside.
- Trial court convicted Maxwell of OVI and marked lanes; on appeal he raised ineffective-assistance (failure to move to suppress) and manifest-weight challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel provided ineffective assistance by not filing a motion to suppress field sobriety evidence | Police stop and FSTs were lawful; no suppression needed | Counsel was ineffective for failing to challenge admissibility of FST evidence | Denied: no reasonable probability a suppression motion would have succeeded; counsel not ineffective |
| Whether OVI conviction was against the manifest weight of the evidence | Officer testimony, dashcam, odor of alcohol, red/glassy eyes, and FST failures supported conviction | Poor FST performance was due to medical condition, road slope, and texting — court should have credited defense | Denied: trier of fact weighed credibility; evidence (physiological signs, lane violations, FSTs) did not create a manifest miscarriage of justice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Mapp v. Ohio, 367 U.S. 643 (1961) (Fourth Amendment exclusionary protections applied to the states)
- Delaware v. Prouse, 440 U.S. 648 (1979) (traffic stops constitute seizures governed by Fourth Amendment)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop must be supported by reasonable suspicion based on articulable facts)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- Madrigal v. Ohio, 87 Ohio St.3d 378 (2000) (failure to file suppression motion is not per se ineffective assistance)