In re R.B.
179 N.E.3d 749
Ohio Ct. App.2021Background:
- On July 27, 2020, Cincinnati police responded to a report of people inside a vacant, vandalized house; Officer Jerome Herring approached and found the back door slightly open.
- Officer Herring kicked the back door open, announced he was police, ordered anyone inside to identify themselves, and seconds later heard movement and someone running inside.
- R.B. immediately announced himself, appeared with hands up, and was taken into custody; he said he had entered to smoke marijuana and that another noise had scared him.
- Officer Herring called for backup but proceeded to clear the house without waiting; he found no other occupants and secured the location.
- R.B. was adjudicated delinquent for obstructing official business (R.C. 2921.31(A)) after a magistrate’s hearing; the juvenile court adopted the magistrate’s decision over R.B.’s objections. R.B. appealed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court complied with Juv.R. 40(D)’s requirement to independently review the magistrate’s factual findings | State: The court conducted an independent review and properly adopted the magistrate’s findings | R.B.: The court impermissibly deferred to the magistrate and failed to identify facts showing independent review | Court: Juvenile court satisfied Juv.R. 40(D) — it independently reviewed and adopted the magistrate’s findings |
| Whether there was sufficient evidence that R.B. hampered or impeded an officer’s duties under R.C. 2921.31(A) (obstructing official business) | State: R.B. shut the back door and retreated, which hampered Officer Herring’s effort to secure/clear the house | R.B.: His actions were momentary/de minimis; officer entered and cleared the house without delay or difficulty | Court: Reversed — evidence insufficient on the required element that R.B. hampered or impeded the officer; adjudication vacated and appellant discharged |
Key Cases Cited
- State v. McFarland, 164 N.E.3d 316 (Ohio 2020) (standard for sufficiency review—Jenks test applied)
- In re D.C., 149 N.E.3d 989 (1st Dist. 2019) (juvenile-sufficiency standard aligns with adult criminal cases)
- State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (distinction between sufficiency and weight-of-the-evidence review)
- State v. Wellman, 879 N.E.2d 215 (1st Dist. 2007) (interpreting "hamper" and "impede" to require a substantial stoppage)
- State v. Stephens, 387 N.E.2d 252 (1st Dist. 1979) (using dictionary definitions to require a substantial stoppage)
- State v. Grice, 906 N.E.2d 1203 (1st Dist. 2009) (substantial stoppage must be caused by defendant and not defined by specific time)