State v. Fluttrow
2018 Ohio 3613
Ohio Ct. App.2018Background
- Defendant Gregory C. Fluttrow was stopped on a bicycle after a convenience-store employee reported he appeared intoxicated; deputy observed drifting within the lane, smelled alcohol, noted slurred speech and glassy eyes.
- Deputy administered field-sobriety tests; claimed all six HGN clues and other clues of impairment; defendant refused a breath test.
- Grand jury indicted Fluttrow for OVI (R.C. 4511.19(A)(2)) and open container; jury convicted on Count One (OVI), court imposed five years community control; remaining counts dismissed.
- Fluttrow appealed claiming (1) conviction was against the manifest weight of the evidence and (2) ineffective assistance of trial counsel (failure to object to prejudicial testimony, challenge a juror, or move to suppress the stop).
- Trial evidence consisted primarily of deputy testimony and the store clerk's 911 call; defendant presented no evidence and did not renew Crim.R. 29 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction for OVI (R.C. 4511.19(A)(2)) is against the manifest weight of the evidence | State: evidence (observer call, deputy’s observations, FSTs, odor, refusal) shows defendant was appreciably impaired | Fluttrow: testimony equivocal, no traffic-law violation, dashcam/audio not admitted, prior-OVI testimony prejudicial | Court: Affirmed — weight of evidence supports conviction; jury entitled to assess credibility and weight of testimony |
| Whether trial counsel provided ineffective assistance | State: counsel’s conduct presumed reasonable; defendant failed to show prejudice | Fluttrow: counsel failed to object to prejudicial testimony, challenge a juror, or move to suppress the stop | Court: Affirmed — defendant failed to demonstrate prejudice or meet Strickland burden |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (manifest-weight standard and review principles)
- DeHass v. Kotz, 10 Ohio St.2d 230 (1967) (deference to factfinder on witness credibility)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- Bradley v. State, 42 Ohio St.3d 136 (1989) (prejudice requirement and standards for ineffective assistance)
- Lowman v. State, 82 Ohio App.3d 831 (1992) (proof of "under the influence" does not require BAC threshold)
- Bakst v. State, 30 Ohio App.3d 141 (1986) (same)
- Kole v. State, 92 Ohio St.3d 303 (2001) (application of Strickland in Ohio context)
- Hunter v. Ohio, 131 Ohio St.3d 67 (2011) (rare reversal for manifest-weight when evidence heavily against conviction)