State v. Godfrey
2013 Ohio 3396
Ohio Ct. App.2013Background
- Godfrey turned a semi-truck and trailer left onto State Route 15; Karmann’s Tahoe hit the trailer and she died, others injured.
- He was charged with vehicular homicide, vehicular manslaughter, and failure to yield; he pleaded not guilty.
- Bench trial held January 5, 2012; Godfrey found not guilty of vehicular homicide, but guilty of manslaughter and failure to yield.
- A motion for new trial was filed January 18, 2012 and denied after a hearing; State/victim opposed the motion.
- Sentencing on May 2, 2012: 90 days jail with suspension, fines, and costs for manslaughter and failure to yield; Godfrey appeals.
- The court remanded to address unresolved issue about whether the decedent’s speed was lawful, affecting the right of way.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court used the correct standard to assess the decedent’s speed. | State | Godfrey argues trial court failed to assess speed as a matter of reasonableness, not mere compliance with speed. | Speed issue required weighing; remanded; first assignment sustained. |
| Whether the trial court properly considered all evidence when ruling on the new-trial motion. | State | Godfrey contends court ignored stipulated facts and evidence. | Remanded for additional consideration; second assignment moot accordingly. |
| Whether a private victim’s attorney could participate in criminal proceedings. | State | Godfrey argues victim’s attorney improperly participated as if a party. | Third assignment sustained; error in allowing representation of the victim's interests. |
| Whether Godfrey was entitled to an independent stenographer. | State | Godfrey asserts right to separate notes; no prejudice shown. | Harmless error; fourth assignment overruled. |
| Whether the conviction is against the manifest weight of the evidence. | State | Godfrey claims weight issue unresolved. | Not ripe; fifth assignment overruled. |
Key Cases Cited
- In re Neill, 160 Ohio App.3d 439 (3d Dist., 2005) (raised speed issue for trial court to determine reasonableness of speed when right of way is contested)
- Cleveland v. Keah, 157 Ohio St. 331 (Ohio 1952) (speed as prima facie evidence; rebuttable presumption of lawful speed)