State v. Dendak, 2013 Ohio 5694

On Aug. 1, 2012, appellant Ashley Dendak’s southbound van crossed the center line and struck a northbound Jeep driven by Marsha Lowe; Lowe was ejected, died at the scene, and was unbelted.
Trooper Michelle Fish (accident reconstruction) concluded Dendak’s van crossed ~8 feet left of center and struck the Jeep’s rear left area, causing the Jeep to skid, roll, and eject Lowe. Coroner ruled death accidental from blunt trauma.
Dendak was charged with vehicular homicide (misdemeanor), vehicular manslaughter (misdemeanor), and two minor misdemeanors; jury acquitted on vehicular homicide but convicted on vehicular manslaughter and the traffic infractions.
Trial evidence included Trooper Fish’s oral testimony and her written accident report, testimony from the coroner and an investigator, and testimony from Dendak and her passenger (who suggested a possible tire/wheel issue).
Dendak argued (1) insufficiency/manifest weight of evidence because the decedent’s failure to wear a seatbelt was an intervening cause, and (2) ineffective assistance for failing to object to opinion testimony and admission of the trooper’s written report. Court affirmed conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/manifest weight of evidence for vehicular manslaughter (R.C. 2903.06(A)(4))	State: reconstruction and coroner testimony established defendant’s left-of-center contact proximately caused death.	Dendak: Lowe’s unbelted status (and possible alternative mechanical failure) could sever causation; conviction unsupported/against the weight.	Conviction affirmed; evidence sufficient and jury did not lose its way. Contributory negligence (unbelted decedent) not a defense unless sole proximate cause.
Ineffective assistance of counsel (failure to object to opinion testimony and written accident report)	State: trial counsel’s choices were reasonable trial strategy; report admission was largely cumulative and not prejudicial.	Dendak: counsel should have objected to lay opinion and inadmissible police report hearsay.	No ineffective assistance; counsel’s performance not shown prejudicial under Strickland.

State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review: view evidence in light most favorable to prosecution)
State v. Langenkamp, 137 Ohio App.3d 614 (2000) (decedent’s contributory negligence cannot defeat vehicular homicide unless it is the sole proximate cause)
State v. Martin, 20 Ohio App.3d 172 (1983) (manifest-weight standard; new trial only in exceptional cases where evidence weighs heavily against conviction)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (clarifies weight-of-the-evidence review)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: performance and prejudice)
State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio adoption of Strickland framework)
State v. Sallie, 81 Ohio St.3d 673 (1998) (strong presumption that counsel’s decisions are within reasonable professional assistance)