State v. Beyer, 2012 Ohio 4578

appellant Beyer charged July 11, 2011 with using a weapon while intoxicated; two related charges dismissed.
incident: Beyer opened his door and pointed a rifle at banging officers; officers observed odor of alcohol and slurred speech.
September 23, 2011 motion to dismiss based on Second Amendment challenge; trial court denied.
February 23, 2012 jury convicted Beyer; sentenced to 100 days, 120 suspended.
appeal raises four assignments of error challenging Second Amendment, evidentiary rulings, jury instructions, and weight of the evidence.
judgment affirmed by the Fifth District Court of Appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Second Amendment challenge to statute	Beyer argues WUI statute violates Second Amendment	State defends statute as permissible regulation	Denied; statute upheld as constitutional under Heller framework.
Unduly prejudicial testimony under Evid.R. 403	Testimony about pointing rifle unfairly prejudicial	Court did not abuse discretion; testimony probative	Denied; admission not reversible error.
Trial court jury instructions refused	Requested cautionary/instruction should be given	Court acted within discretion	Denied; no abuse of discretion.
Manifest weight of the evidence	Weight favors reversal	Evidence supports conviction	Denied; not against weight of the evidence.

United States v. Staten, 666 F.3d 154 (4th Cir. 2011) (Second Amendment restrictions; burden on conduct)
District of Columbia v. Heller, 554 U.S. 570 (U.S. Supreme Court 2008) (Core Second Amendment framework and limits)
Sage v. State, 31 Ohio St.3d 173 (1987) (Evidence admissibility and abuse of discretion)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (Trial court discretion standard; not reversible error)
Martens v. State, 90 Ohio App.3d 338 (1993) (Jury instruction review; no abuse)
Coleman v. State, 37 Ohio St.3d 286 (1988) (Review of jury instructions; discretion standard)