State v. Frum, 2013 Ohio 1096

Frum worked for J & J Refuse, driving and collecting trash in Orrville, Ohio, using a left-side steering truck requiring door exits on the traffic side.
On May 18, 2012, after multiple stops, Frum exited the truck and closed the door, whereupon he was struck by Brandon Stark.
Frum was charged with opening the door of a vehicle into moving traffic under Orrville Codified Ordinance 351.08; he pled not guilty and a bench trial occurred.
The trial court found Frum guilty and fined him; Frum appealed asserting error in the weight of the evidence.
The appellate court concluded the evidence did not support the ordinance violation and reversed, remanding for acquittal.
Dissent argues the weight-analysis approach was improper and would affirm the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction is supported by sufficient evidence	Frum	Frum	Conviction reversed for insufficiency; acquittal entered

State v. Recklaw, 9th Dist. No. 24078, 2008-Ohio-5444 (9th Dist. 2008) (weight vs. sufficiency; court may review sufficiency on weight appeal)
State v. Horne, 9th Dist. No. 24672, 2010-Ohio-350 (9th Dist. 2010) (declines to create sufficiency argument when only weight is raised)
State v. Thompkins, 78 Ohio St.3d 380, 389 (Supreme Court 1997) (distinguishes weight from sufficiency; sufficiency review required to sustain conviction)
Jackson v. Virginia, 443 U.S. 307, 314 (Supreme Court 1979) (constitutional standard for sufficiency of evidence)
State v. Cross, 9th Dist. No. 25487, 2011-Ohio-3250 (9th Dist. 2011) (trial court's role in evaluating conflicting evidence)