State v. Ellis
2011 Ohio 2967
Ohio Ct. App.2011Background
- Ellis and Latisha Robinson-Williams were at Rite-Aid when Ellis’s son was stopped for a traffic violation and found unlicensed; the car was towed.
- Ellis and Robinson-Williams drove to the scene; Ellis parked near the entrance and attempted to stop the tow.
- Officer Cope initiated Robinson-Williams’s arrest; Cope tazed Ellis five times during the arrest of Ellis.
- Robinson-Williams was charged with disorderly conduct, obstructing official business, and resisting arrest; Ellis was charged with obstructing official business and two counts of resisting arrest.
- A jury convicted Ellis on obstructing official business and both resisting arrest counts; Robinson-Williams was convicted only of disorderly conduct; Ellis appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of disciplinary history evidence | Ellis argues 608(B) required questioning about pyramiding | Court acted within discretion under 608(B) and 403 | Not an abuse of discretion; evidence excluded. |
| Affirmative defense instruction on excessive force | Excessive force is an element; the state must disprove it | Excessive force is a defense, not an element; burden on defendant | Instruction proper; excessive force is an affirmative defense. |
| Weight of evidence—Robinson-Williams arrest | There was no lawful basis to arrest Robinson-Williams | Officers had reasonable basis to arrest for disorderly conduct or jaywalking | Conviction not against the manifest weight; lawful basis supported. |
| Weight of evidence—Ellis resisting his own arrest | Excessive force by officers made arrest unlawful | Excessive force is not an element of resisting arrest; defense valid but not for this verdict | Conviction not against weight; excessive force not element. |
| Weight of evidence—Obstructing official business | Ellis impeded officers’ duties; evidence insufficient | Ellis impeded progress by interfering with towing | Conviction stands; substantial impediment shown. |
Key Cases Cited
- State v. Drummond, 111 Ohio St.3d 14 (2006-Ohio-5084) (impeachment evidence discretion standard under Evid.R. 608(B))
- State v. Burns, 2010-Ohio-2831 (Montgomery App. No. 22674) (lawful arrest element; burden on state to prove lack of lawful arrest)
- State v. Sansalone, 71 Ohio App.3d 284 (1991) (test for disorderly conduct focusing on reasonableness of officer’s belief)