State v. Grindstaff
2014 Ohio 2581
Ohio Ct. App.2014Background
- Grindstaff was stopped for speeding and a nonworking rear license plate light in June 2003 and admitted his license was suspended.
- Officer observed signs of impairment and Grindstaff failed three field sobriety tests; Grindstaff refused a breath test at the station.
- Grindstaff did not appear in municipal court on June 25, 2003; the OVI charge was dismissed and refiled as a felony OVI in the common pleas court.
- Grindstaff was indicted in August 2004 for felony OVI and driving under suspension; a warrant issued.
- Grindstaff was not arrested until March 2013; prior felony OVI conviction from 2001 was proven at trial; bond had been reduced previously.
- At trial in July 2013, the State presented officer testimony and evidence including Grindstaff’s prior OVI conviction and his refusal to take a chemical test; a jail phone recording from 2013 was admitted.
- The jury found Grindstaff guilty of OVI (with a prior felony OVI) and driving under suspension; he was sentenced to three years with 60 days mandatory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of jail phone call as flight evidence | State argues call supports flight/consciousness of guilt | Grindstaff contends call not probative of flight and prejudicial | Admissible; probative of consciousness of guilt |
| Consciousness of guilt jury instruction | Instruction proper to explain flight evidence | Instruction improper or prejudicial | Instruction proper and not an abuse of discretion |
| Crim.R. 29 acquittal and sufficiency of evidence | State proved every element beyond reasonable doubt | Insufficient evidence of impairment | Evidence sufficient to sustain OVI conviction |
| Manifest weight of the evidence | Weight supports conviction | Weight favors acquittal | Conviction not against the manifest weight |
Key Cases Cited
- State v. Eaton, 19 Ohio St.2d 145 (Ohio 1969) (flight evidence admissible to show consciousness of guilt)
- State v. Oponski, 2005-Ohio-4162 (8th Dist. Cuyahoga) (flight on eve of trial admissible for consciousness of guilt)
- State v. Jones, 2005-Ohio-5910 (2d Dist. Greene) (failure to appear may indicate consciousness of guilt)
- State v. Wilson, 2010-Ohio-2294 (3d Dist. Allen) (consciousness-of-guilt instruction proper on flight evidence)
- State v. Sprauer, 2006-Ohio-1146 (12th Dist. Warren) (prosecutor may respond to issues raised by defense closing)
- State v. Awkal, 76 Ohio St.3d 324 (1996) (prosecutor closing argument boundaries)
- State v. McCuller, 2006-Ohio-302 (8th Dist. Cuyahoga) (staleness of evidence can be discussed by prosecutor)