State v. Flinders, 2012 Ohio 2882

Denny Flinders was convicted in Summit County Court of Common Pleas of aggravated vehicular homicide, leaving the scene, and two counts of operating a vehicle while intoxicated.
Hale died after falling off the hood of Flinders’ car during a confrontation at Ms. Thompson’s apartment party; Hale’s contact with the car is disputed.
Flinders had a blood alcohol content of .169 at the time of the traffic stop.
Trial evidence included multiple witnesses describing the confrontation, car movements, Hale on the hood, and Hale being struck as Flinders drove away.
The trial court merged the OVIs with the homicide for sentencing, imposing an aggregate eight-year term.
Flinders challenges the sufficiency and weight of the evidence and argues the trial court erred by denying a duress defense instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence legally sufficient for aggravated vehicular homicide and leaving the scene?	Flinders argues insufficiency to prove causation and knowledge of a collision.	Flinders contends Hale’s presence on the hood and conflicting testimony undermine causation and awareness.	Evidence sufficient; reasonable jurors could find guilt beyond reasonable doubt.
Was the verdict against the manifest weight of the evidence?	State contends the witnesses’ testimony supports the convictions.	Flinders claims conflicting testimony and credibility issues undermine verdict.	Convictions not against the manifest weight; credibility issues for the jury.
Did the trial court abuse its discretion by not instructing on the defense of duress?	State did not oppose duress instruction if elements are present.	Flinders asserts true duress/necessity evidence warranted an instruction.	No abuse; evidence did not create a reasonable doubt requiring duress instruction.

State v. Frashuer, 9th Dist. No. 24769, 2010-Ohio-634 (9th Dist. 2010) (sufficiency review framework for Crim.R. 29)
State v. Morris, 9th Dist. No. 25519, 2011–Ohio–6594 (9th Dist. 2011) (sufficiency review; light most favorable to prosecution)
State v. Jenks, 61 Ohio St.3d 259, 1991 (Ohio Supreme Court 1991) (standard for reviewing evidence in criminal cases)
State v. Cross, 58 Ohio St.2d 482, 1979 (Ohio Supreme Court 1979) (necessity/duress elements and limitations)
State v. Getsy, 84 Ohio St.3d 180, 1998 (Ohio Supreme Court 1998) (duress instruction abuse-of-discretion review)
State v. Lawson, 2008-Ohio-1311 (2d Dist. Ohio 2008) (duress/necessity element framework)
State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (weight-of-evidence comparative assessment)