Dover v. Horn
2017 Ohio 1146
| Ohio Ct. App. | 2017Background
- Joyce Horn was cited after a motorcycle-car collision at Crater Ave & E. 4th St., Dover, Ohio; Horn was driving westbound on E. 4th and Levengood southbound on Crater.
- Levengood testified he entered the intersection after looking and did not see Horn until he was in the middle of the intersection; he said he did not see her attempt to stop.
- Horn testified she stopped at the stop sign before entering the intersection and that Levengood pulled into her path.
- Police investigated, obtained statements (Horn was hospitalized), and charged Horn with failing to stop at a stop sign under Dover Codified Ordinance §313.01(A).
- After a bench trial the magistrate found Horn guilty; the municipal court adopted that decision on review. Horn appealed, arguing the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction was against the manifest weight of the evidence | State: testimony and investigation provided competent, credible evidence supporting the stop-sign violation | Horn: testimony (her stop) and alleged mistaken factual finding by the magistrate create weight-of-evidence error | Affirmed — competent, credible evidence supported the conviction; magistrate’s credibility determinations sustained |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279, 376 N.E.2d 578 (establishes standard for appellate review of manifest-weight challenges)
- Eastley v. Volkman, 132 Ohio St.3d 328, 972 N.E.2d 517 (every reasonable presumption favors trial-court findings in weight review)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (presumptions in favor of trial-court findings)
- State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (trial court best positioned to judge witness credibility)
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (circumstantial evidence has same probative value as direct evidence)
- State v. Walker, 55 Ohio St.2d 208, 378 N.E.2d 1049 (appellate courts defer to trial-court findings when competent evidence exists)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (exceptional-case standard for overturning verdict as against weight of evidence)
- Martin v. 20 Ohio App.3d 172, 485 N.E.2d 717 (quoted for "exceptional case" language)