2012 Ohio 1432
Ohio Ct. App.2012Background
- Greenlee appeals a municipal court verdict finding him guilty of child endangerment under R.C. 2919.22(A).
- T.G., Greenlee's four-year-old son, went missing for about 1 hour 40 minutes while Greenlee searched the neighborhood.
- Greenlee did not call police during the missing period; he testified he avoided calling to save police time.
- The trial court found Greenlee created a substantial risk to T.G.'s safety and violated a duty of protection by permitting him to wander unsupervised.
- A warrant for Greenlee's arrest existed, but the court imposed a 180-day suspended jail sentence after trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for endangering a child | Greenlee | Greenlee | Sufficiency supports conviction |
| Was the verdict against the manifest weight of the evidence | Greenlee | Greenlee | Not contrary to weight; affirmed |
Key Cases Cited
- State v. Cephus, 161 Ohio App.3d 385 (2d Dist. 2005) (sufficiency review standard cited)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency/weight framework; Jackson v. Virginia referenced)
- State v. McLeod, 165 Ohio App.3d 434 (2d Dist. 2006) (endangering by omission; substantial risk elements)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency/credibility and appellate review)
- State v. Kamel, 12 Ohio St.3d 306 (1984) (duty to protect and recklessness for endangering a child)
- State v. Adams, 62 Ohio St.2d 151 (1980) (culpable mental state for endangering a child (recklessness))