State v. DeWerth
2012 Ohio 1384
Ohio Ct. App.2012Background
- On August 14, 2010, Kollert encountered an oncoming vehicle left of center on Leatherman Road, losing control and crashing; the other driver fled the scene and was later identified as DeWerth.
- DeWerth was cited for OVI under R.C. 4511.19(A)(1) and (h)(1), driving left of center under R.C. 4511.30, and hit-skip under R.C. 4549.02.
- February 10, 2011, a jury trial began; the jury convicted DeWerth of both OVI charges and the hit-skip.
- At sentencing, the court merged the two OVI counts into one and sentenced on the second OVI and the hit-skip convictions.
- State presented Kollert, Officer Samic, and Trooper Tot; DeWerth presented alibi and other witnesses; breath test showed .176% BAC.
- The trial court’s verdicts were affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the evidence for OVI and hit-skip | DeWerth argues the evidence is insufficient and the verdicts are against the manifest weight. | State contends the evidence, both direct and circumstantial, supports guilt beyond a reasonable doubt. | Evidence sufficient; not against the manifest weight; convictions affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency review de novo; evidence viewed in light most favorable to the prosecution)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial and direct evidence have same probative value)
- State v. Tran, 2006-Ohio-4349 (9th Dist. 2006) (circumstantial evidence can support essential elements without an innocence theory)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (credibility and weight for the trier of fact)
- State v. Shue, 97 Ohio App.3d 459 (9th Dist. 1994) (credibility determinations lie with the jury)
- Ostendorf-Morris Co. v. Slyman, 6 Ohio St.3d 46 (1982) (weighing evidence is primarily for the trier of fact)
- Crull v. Maple Park Body Shop, 36 Ohio App.3d 153 (12th Dist. 1987) (evaluation of witness credibility on appeal)
- Prince v. Jordan, 9th Dist. No. 04CA008423 (2004) (jury may credit State’s version over defense)
- State v. Morgan, State v. Morgan, 9th Dist. No. 22848 (2006) (manifest weight review framework)
- State v. Jackson, 86 Ohio App.3d 29 (4th Dist. 1993) (jury credibility determinations affirmed on appeal)