State v. Alexander
2013 Ohio 1913
Ohio Ct. App.2013Background
- Barry Alexander was convicted of having weapons while under disability under R.C. 2923.13(A)(4).
- A loaded rifle was found in Alexander’s vehicle after a traffic stop for a defective license plate light.
- Trooper Grooms observed methamphetamine and drug paraphernalia in the truck and arrested Alexander.
- Alexander admitted prior drug use and attempted injection, prompting the State to argue disability based on drug dependence.
- The trial court denied a Crim.R. 29 acquittal motion; the jury convicted on all counts and the court imposed a 30-month term.
- On appeal, Alexander challenged the statute's constitutionality, vagueness, and jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment challenge viability | Alexander argues R.C. 2923.13(A)(4) violates the Second Amendment. | State asserts waiver and that plain error review is inappropriate for this issue. | Court declines plain-error review; waiver prevents addressing the Second Amendment challenge. |
| Vagueness of R.C. 2923.13(A)(4) | Alexander contends the statute is void for vagueness under due process. | State contends definitions in R.C. 3719.011 provide intelligible standards. | Statute not void for vagueness; objective standards exist for drug-dependent or at-risk persons. |
| Jury instructions and elements | Alexander claims error from language about relief from disability not being an element. | Defense did not object; language treated as non-essential; trial court instructed properly after questions. | Any error cured; no plain error or due-process violation; verdict affirmed. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (2008) (recognizes individual right to keep and bear arms)
- McDonald v. City of Chicago, U.S. , 130 S. Ct. 3020 (2010) (incorporates Second Amendment against the states)
- State v. Awan, 22 Ohio St.3d 120, 489 N.E.2d 277 (1986) (waiver but discretion to consider plain-error under Crim.R. 52(B))
- In re M.D., 38 Ohio St.3d 149, 527 N.E.2d 286 (1988) (waiver and discretionary plain-error review)
- State v. Lynn, 129 Ohio St.3d 146, 2011-Ohio-2722 (2011) (plain-error standard and substantial-rights impact)
- State v. Adams, 62 Ohio St.2d 151, 404 N.E.2d 144 (1980) (elements and jury instruction requirements)
- State v. Carrick, 131 Ohio St.3d 340, 965 N.E.2d 264 (2012) (facial vagueness standard and standard-of-conduct inquiry)