Cleveland v. Wells
2017 Ohio 8403
| Ohio Ct. App. | 2017Background
- On July 9, 2016 a collision occurred at Brookpark and Greyton Roads; Tschappat waited at a red light, entered on green, and was struck broadside on the driver’s side.
- At the scene and hospital, Tschappat stated Wells approached and repeatedly apologized and said he wasn’t paying attention; EMS heard Wells later deny he was the driver.
- Police found the vehicle (a 2005 Honda Civic) displaying plates registered to a 2008 Chevrolet and learned Wells’ license was suspended (Mar. 4, 2016–Mar. 4, 2017).
- Wells was cited for driving under suspension (C.C.O. 435.07), failing to obey a traffic signal (C.C.O. 413.03), and fictitious plates (C.C.O. 435.09(f)).
- At trial, the city’s witnesses (including the crash victim and officers) supported Wells as the driver; defense witness Diloreto claimed she was driving but was found not credible.
- The municipal court convicted Wells on all counts; he appealed, arguing insufficient evidence to support the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to convict Wells of driving under suspension, traffic-control violation, and possessing fictitious plates | City: testimonial evidence (victim’s account, hospital statements) plus LEADS showing suspension and plates mismatch supports each element | Wells: insufficient evidence he was the driver — Diloreto testified she was driving and no police report from her | Court: Viewing evidence in prosecution's favor, a rational trier of fact could find elements proven beyond a reasonable doubt; convictions affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency from manifest-weight review and frames due-process sufficiency inquiry)
- State v. Leonard, 104 Ohio St.3d 54 (Ohio 2004) (articulates Jenks standard: view evidence in light most favorable to prosecution)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sets the test for sufficiency of the evidence)
- State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App. 1984) (explains sufficiency review does not permit weighing credibility)