State v. Davis, 132 Ohio St. 3d 25

Davis threatened his ex-wife after a deputy sheriff was injured in a pursuit involving Davis, before any charges were filed.
Davis was indicted on felonious assault, two tampering-with-evidence counts, and intimidation of a witness under R.C. 2921.04(B).
The Second District vacated the witness-intimidation conviction, citing lack of an ongoing criminal action or proceeding at the time of the threat.
The Supreme Court reaffirmed that R.C. 2921.04(B) does not apply when intimidation occurs after the criminal act but before any proceedings flowing from the act in a court of justice.
A police investigation alone is not a proceeding in a court of justice; proceedings must be formally initiated (e.g., charges filed).
The Court affirmed the appellate decision, holding that insufficient evidence supported the witness-intimidation conviction because no proceeding existed at the time of the threat; Malone remains controlling on the need for court proceedings

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2921.04(B) applies when intimidation occurs after the crime but before court proceedings.	Davis: post-acting stage threats can sustain a conviction.	Davis: no proceeding yet, so not a witness under the statute.	No; proceedings must flow from the criminal act in a court of justice.
Whether a police investigation constitutes a proceeding flowing from the criminal act.	Investigation shows ongoing action toward charges.	Investigation alone is not a court proceeding.	Investigation alone is not a proceeding; thus not a witness under the statute.
Whether Malone controls the interpretation of 'criminal action or proceeding' in this case.	Malone supports application when threats occur after investigation begins.	Malone requires formal court proceedings; not present here.	Malone's standard remains sound; formal proceedings required to sustain conviction.

State v. Malone, 121 Ohio St.3d 244 (Ohio Supreme Court 2009) (witness must be involved in a criminal action or proceeding; investigation alone not a proceeding)