State v. Blair
2012 Ohio 1847
Ohio Ct. App.2012Background
- Blair involved in May 28, 2011 altercation with Chris Lewis; police responded to Mill Ridge Road and Blair insulted officers and Lewis’s family for 30 minutes to an hour.
- Blair continued cursing after officers asked him to desist; he was intoxicated and unable to safety walk to Rite Aid.
- Officers arrested Blair after he resisted arrest and would not desist from disruptive conduct.
- Blair was convicted of disorderly conduct (misdemeanor) and resisting arrest (more serious offense); sentenced to fines and jail with partial suspension.
- Blair timely appealed asserting the arrest for resisting arrest was unlawful; Crim.R. 29(A) acquittal motion denied; issue on appeal is sufficiency of evidence and lawfulness of arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Blair’s arrest for resisting arrest lawful? | Blair | Blair | Yes, arrest lawful; evidence showed disorderly conduct justifying arrest. |
| Did the trial court properly deny Crim.R.29(A) acquittal on resisting arrest? | State | Blair | Yes, denial proper; sufficient evidence supported resisting arrest. |
| Did Blair’s conduct support the disorderly conduct conviction? | State | Blair | Yes, conduct warranted disorderly conduct under statute. |
Key Cases Cited
- Sansalone, 71 Ohio App.3d 284 (1st Dist. 1991) (arrest lawful when circumstances support belief offense is being committed)
- Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency standard for evidence review; elements viewed in light most favorable to State)
- Wilson, 2d Dist. Montgomery No. 22581 (2009-Ohio-525) (sufficiency review; standard for overturning a verdict)
- Gessner v. Schroeder, 2d Dist. Montgomery No. 21498 (2007-Ohio-570) (discipline of disorderly conduct; objective test for annoyance or provocation)
- Glenn v. State, 1st Dist. Hamilton No. C-030356 (2004-Ohio-1489) (disorderly conduct standards and permissible circumstances)