State v. Daly, 2012 Ohio 4151

Daly was charged with violating R.C. 4511.19(A)(1)(a) for operating under the influence and with a separate charge under R.C. 4511.19(A)(2)(b) for refusing a chemical test, within a Hamilton County case appealed to the Ohio Court of Appeals.
At scene and hospital, deputies observed odor of alcohol, slurred speech, and glassy/bloodshot eyes; Daly refused a blood-alcohol test.
Daly stipulated a prior OVI conviction in 1998 within the 20-year look-back period for the A(2)(b) offense.
The trial court found Daly guilty of 4511.19(A)(1)(a) but not guilty of 4511.19(A)(2)(b), citing totality of circumstances and Daly’s prior conviction after discussing the evidence.
Daly appealed arguing the conviction improperly relied on the prior OVI conviction, which is not an element of 4511.19(A)(1)(a).
The appellate court affirmed, concluding the prior conviction did not render the conviction reversible because guilt was supported by other competent evidence and the reference to the prior conviction occurred after guilt was determined.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court's reliance on Daly's prior OVI conviction affect guilt for 4511.19(A)(1)(a)?	Daly	Daly	No reversible error; conviction affirmed

State v. Powell, 132 Ohio St.3d 233 (2012-Ohio-2577) (presumption of considering only relevant evidence in bench trials)
State v. Post, 32 Ohio St.3d 380 (1987) (standard for evidentiary review in trial courts)
State v. White, 15 Ohio St.2d 146 (1968) (presumption of proper evidentiary consideration in trial rulings)
Moore v. United States, 429 U.S. 14 (1976) (limits on consideration of inadmissible evidence)
Brinegar v. United States, 338 U.S. 160 (1949) (due-process concerns about unreliable evidence)
Allen, 29 Ohio St.3d 53 (1987) (harmless-error standard for evidentiary error)
Bayless, 48 Ohio St.2d 73 (1976) (harmful-error standard requiring reasonable possibility of effect)