2022 Ohio 2074
Ohio Ct. App.2022Background
- Defendant Tiana Bingham was charged with aggravated menacing (R.C. 2903.21) after Joelle Armstead reported threats that Bingham would beat and shoot her at a bar.
- Multiple pretrial settings in May and June 2021 did not proceed because a police officer and the complaining witness were unavailable; a July 2021 setting was continued in part because the court had a scheduling conflict.
- At the July setting Bingham orally moved for dismissal (did not invoke the speedy-trial statute); the court denied the motion and stated it was tolling time under R.C. 2945.72.
- At the August 2021 trial Armstead testified that Bingham threatened her verbally, pursued her, and that Bingham was known to carry a gun, though no firearm was brandished or shown.
- The trial court denied a Crim.R. 29 motion after the state rested, found no brandishing and no immediate threat, and convicted Bingham of the lesser-included offense of menacing (R.C. 2903.22).
- The court sentenced Bingham to jail time (30 days, 30 suspended), fines/costs, six months non‑reporting probation, and a stay-away order; the conviction was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether speedy-trial rights were violated | State: Bingham waived speedy-trial claim by failing to raise it before trial | Bingham: speedy-trial clock expired and she moved to dismiss on day 95 | Court: Waiver — claim not raised at trial, assignment overruled |
| Whether conviction for menacing was against the manifest weight of the evidence | State: Evidence reasonably supports conviction for lesser-included menacing (threatening words, pursuit, victim felt threatened) | Bingham: conviction contrary to manifest weight because trial evidence did not support menacing as charged (aggravated menacing) | Court: Affirmed — evidence supported menacing; trial court did not lose its way |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (standard for manifest-weight review)
- State v. Adams, 144 Ohio St.3d 429, 45 N.E.3d 127 (Ohio 2015) (when to charge or convict on a lesser-included offense)