State v. Campbell
958 N.E.2d 622
Ohio Ct. App.2011Background
- Defendant DeWitt Campbell was convicted after a bench trial of inducing panic under R.C. 2917.31.
- The trial transcript shows a domestic-violence call to Campbell’s apartment, with Campbell delaying entry and making a threatening remark.
- Officers responded with eight additional officers; a 9-1-1 call reported no visible violence or weapon inside.
- Campbell was arrested when the door was opened for police after a prolonged standoff; no gun or domestic-violence evidence was found.
- Campbell testified the initial 9-1-1 call was part of a custody dispute tactic and that his remark referred to a 9-1-1 operator; no other witnesses corroborated violence.
- The trial court sentenced Campbell to 180 days, and on appeal the conviction was reversed with discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence shows a serious public inconvenience | State argues the 8 officers and delayed entry created a serious public inconvenience. | Campbell contends there was no proven threat or public inconvenience; officers acted in official capacity. | Insufficient evidence; no serious public inconvenience shown. |
Key Cases Cited
- State v. Waddy, 63 Ohio St.3d 424 (1992) (sufficiency review; criminal elements met beyond reasonable doubt)
- State v. Willard, 144 Ohio App.3d 767 (2001) (sufficiency and evidentiary standard considerations)
- State v. Isham, 2002-Ohio-5815 (2002) (limits on proving inducing-panic with respect to official duties)
