Cleveland v. McShane
2012 Ohio 1532
Ohio Ct. App.2012Background
- McShane was cited for failure to stop at a stop sign at the intersection of East 130th Street and Forest Avenue in Cleveland.
- Trial court found McShane guilty of violating Cleveland Codified Ordinances 431.19; he challenged the ruling on the basis of misinterpreting R.C. 4511.43 and the stop-sign placement.
- The stop sign at issue is attached to a telephone pole set significantly back from the intersection, with no painted stop lines or crosswalks.
- Officer Tomaro testified to a rolling stop from 75 feet away, but offered no testimony refuting McShane’s claim that he stopped at the posted stop sign.
- The appellate court reversed, vacated the conviction, and held that McShane’s stop at the posted sign complied with the ordinance given the absence of painted stop lines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly interpreted 431.19. | McShane asserts misinterpretation of 431.19 by the trial court. | City contends the stop obligation includes the place of the stop under the ordinance. | Conviction reversed; misinterpretation found. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (manifest weight and the 'thirteenth juror' concept)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio Supreme Court 2007) (reiterates weighing the evidence and credibility in manifest weight review)
- State v. Abele, 4th Dist. No. 04CA7, 2005-Ohio-2378 (Ohio App. 4th Dist. 2005) (discusses where a driver must stop when there is no stop line)