State v. Burns, 2013 Ohio 4498

Defendant Joseph Burns was indicted for one count of resisting arrest (R.C. 2921.33(A)), a first-degree misdemeanor, arising from an August 21, 2012 domestic-violence call.
Victim had swelling to her left eye and reported Burns had struck her. Officers approached Burns to arrest him for domestic violence.
Sergeant George, about two to three feet from Burns, told Burns “Put your hands behind your back. You’re under arrest.” Deputy Andrews also testified he heard the arrest command.
Upon hearing the command and as officers moved in, Burns fled; officers pursued and Deputies Andrews and Noe detained and arrested him.
At a bench trial the municipal court found Burns guilty of resisting arrest and sentenced him to 30 days in jail and a $250 fine. Burns appealed, arguing insufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to support a conviction for resisting arrest	State: testimony showed officers clearly announced an arrest and Burns knew he was under arrest before fleeing	Burns: he fled before being arrested, so the State failed to prove he knowingly resisted an arrest	Affirmed: viewing evidence in the light most favorable to the State, a rational trier of fact could find elements of resisting arrest proved beyond a reasonable doubt

State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (setting Ohio sufficiency-of-the-evidence standard)
State v. Carroll, 162 Ohio App.3d 672 (discussing elements of arrest and understanding by the person arrested)
State v. Darrah, 64 Ohio St.2d 22 (defining arrest elements)
State v. Terry, 5 Ohio App.2d 122 (earlier authority on arrest elements)
State v. Williams, 84 Ohio App.3d 129 (holding avoidance of apprehension can constitute resisting arrest)