State v. Gordon, 2011 Ohio 3938

Phillips observed Gordon buy beer while intoxicated and follow him home, prompting deputy involvement.
Deputies arrested Gordon outside his home after noting odor of alcohol, slurred speech, flushed face, and other intoxication indicators.
Gordon was charged with driving under a life-time suspension, driving under suspension, and operating a vehicle while intoxicated.
Phillips testified about the incident; deputies corroborated by observing Gordon’s appearance and behavior.
Gordon challenged pretrial suppression of identification and contested the sufficiency and weight of the evidence, as well as sentencing.
The trial court denied suppression, and a jury convicted Gordon; the court sentenced him to five years in prison.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the identification was improperly admitted	Gordon argues Phillips’s identification was unnecessarily suggestive.	Gordon contends the pretrial identification tainted fair trial.	Identification did not violate due process; trial identification was admissible.
Whether there was sufficient evidence Gordon operated a vehicle	Phillips’s observations and deputies’ testimony prove operation of a vehicle.	Gordon argues there is insufficient evidence he operated a vehicle.	Sufficient evidence supported operation of a motor vehicle.
Whether there was sufficient evidence Gordon was intoxicated	Deputies testified to indicators of intoxication based on training and experience.	Gordon contends absence of breath/blood tests undermines intoxication evidence.	Sufficient evidence supported intoxication despite no tests.
Whether the convictions are against the manifest weight of the evidence	Evidence supported the jury’s finding of operation and intoxication.	Evidence does not show he operated a vehicle or was intoxicated.	Convictions not against the manifest weight.
Whether the sentence was properly imposed and not contrary to law	Kalish framework governs appellate review of felony sentencing.	Court failed to properly consider sentencing factors or misapplied discretion.	Sentence upheld as proper under Kalish framework.

State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (identify reliability; give deference to trial court on findings of fact)
City of Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (tip reliability governs reasonable-suspicion analysis)
State v. Waddy, 63 Ohio St.3d 424 (Ohio 1992) (due process in identifications; protect against unreliable identifications)
State v. Neil v. Biggers, 409 U.S. 188 (U.S. Supreme Court 1972) (reliability considerations in eyewitness identifications)
State v. Schmitt, 101 Ohio St.3d 79 (Ohio 2004) (slurred speech, flushed face, odor of alcohol as indicia of intoxication)
State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step sentencing review under Foster framework)