St. Clairsville v. Anderson
2017 Ohio 7703
| Ohio Ct. App. | 2017Background
- Defendant-appellant Jasmine Anderson was charged in municipal court with violating St. Clairsville Ordinance 505.01(c) (dogs running at large) after a large black dog allegedly bit victim Cheryl Vicker on a local bike trail.\
- Police report: victim gave a written statement the day of the incident; the initial call was made by the victim’s mother, Carla Vicker.\
- Complaint was filed May 13, 2016; Anderson pleaded not guilty and proceeded pro se to a bench trial in the Belmont County Western Division Court.\
- Trial court found Anderson guilty, imposed a $100 fine (suspended if probation complied with), $100 restitution, two years non‑reporting probation, and restrictions on taking dogs to the bike trail absent obedience training.\
- Anderson appealed pro se raising five arguments: improper complainant, discovery deficiencies, speedy‑trial violation, alleged prosecutor/victim relationship, and inconsistencies in the victim’s testimony. The appellate court considered the arguments despite brief noncompliance with appellate rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural defect in who filed complaint | Prosecutor/state relied on the police complaint to proceed | Anderson argued complaint improperly filed by victim’s mother not victim | Dismissed: identity of initial caller irrelevant; complaint signed by police officer was proper |
| Discovery failure | State produced available materials; only insurance bill appears in record | Anderson requested medical records/photographs and alleged inadequate production | Dismissed: Anderson didn’t move to compel and failed to provide trial transcript to show missing evidence |
| Speedy trial violation | State: transfer and continuance tolled speedy‑trial time | Anderson: trial not held within 30 days of summons | Dismissed: time tolled by transfer from mayor’s court and by continuance for unavailable witness; trial occurred within tolled period |
| Alleged prosecutor/victim relationship and bias | State: no record evidence of bias or prejudice from any relationship | Anderson alleged prosecutor was social acquaintance with victim and mother | Dismissed: no record evidence or showing of prejudice |
| Sufficiency/credibility of victim’s testimony | State relied on victim’s in‑court statement | Anderson argued testimony inconsistent and impossible | Dismissed: appellant failed to provide trial transcript to challenge testimony credibility |
Key Cases Cited
- Brecksville v. Cook, 75 Ohio St.3d 53 (1996) (transfer from mayor’s court to municipal court constitutes a removal that tolls speedy‑trial time)
