Fostoria v. Heimberger, 2018 Ohio 636

On April 3, 2017, Debra Heimberger was charged with a municipal minor misdemeanor for running a red light and striking Joseph Wymer’s vehicle; she pleaded not guilty and was tried in the Tiffin–Fostoria Municipal Court.
At a bench trial Wymer testified he was turning left on a green light when Heimberger, traveling south, struck his vehicle. Wymer waited and Sergeant Clayton Moore arrived about two minutes later.
Sergeant Moore (who did not witness the collision) investigated the scene, interviewed both drivers, reviewed physical damage, and concluded Heimberger ran the red light; he issued a citation.
Heimberger testified she had a red light and was slowing to stop when Wymer ‘‘turned short’’ and struck her (claiming the plow on his truck caused her damage).
The municipal court found Heimberger guilty and imposed a $100 fine and costs; she appealed arguing insufficiency, manifest weight, and that the officer’s testimony was improper hearsay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to convict of running a red light	Prosecution: Wymer’s eyewitness testimony and officer’s scene observations suffice	Heimberger: Prosecution lacked credible witnesses and corroboration	Court: Evidence sufficient; a single credible witness (Wymer) can support conviction
Manifest weight of the evidence	Prosecution: factfinder can credit Wymer and officer, weigh credibility	Heimberger: Court lost its way; she stopped at red and officer didn’t see crash; speed/damage inconsistencies	Court: No miscarriage of justice; factfinder entitled to disbelieve Heimberger and credit prosecution witnesses
Use of officer testimony (alleged hearsay)	Prosecution: Officer’s observations and conclusions at scene are admissible as non-hearsay or not outcome-determinative	Heimberger: Officer’s testimony was hearsay because he didn’t witness the collision	Court: Even assuming error, Wymer’s direct testimony independently supports conviction; no reversible error

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standards for manifest weight review)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review—view evidence in light most favorable to prosecution)
State v. Leonard, 104 Ohio St.3d 54 (Ohio 2004) (clarifies sufficiency standard citing Jenks)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (factfinder determines witness credibility)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard)
State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain error standard and caution)
State v. Mammone, 139 Ohio St.3d 467 (Ohio 2014) (plain error requires showing outcome would clearly be different)
State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (plain error framework)