State v. Grinstead
194 Ohio App. 3d 755
Ohio Ct. App.2011Background
- Defendants Grinstead, Lough, and Tri E Technologies, L.L.C. were indicted on multiple counts related to hazardous waste handling and criminal endangering for CRT glass at the Skinner property.
- A second indictment added charges for illegal disposal and storage of hazardous waste following eviction from the Fairfield facility.
- Lough faced an additional charge of causing pollution of the waters of the state arising from dumping acidic materials into a storm drain.
- Trial resulted in guilty verdicts on counts across both indictments; Crim.R. 29(C) motions for acquittal were denied.
- The appellate court affirms, finding sufficient evidence and no ineffective-assistance of counsel, addressing two assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was legally sufficient and not against the manifest weight | Willis/Jones standard; evidence supports all elements | Evidence insufficient and verdicts against weight of the evidence | Convictions upheld; sufficient evidence and not against weight of the evidence |
| Whether trial counsel provided effective assistance | Counsel failed to challenge certain testimony and evidence | Trial strategy; no deficient performance | No ineffective assistance; claims without merit |
Key Cases Cited
- State v. Willis, 2010-Ohio-4404 (Ohio App. 9th Dist. 2010) (sufficiency and weight standards for Crim.R. 29(C))
- State v. Jones, 2009-Ohio-6501 (Ohio App. 6th Dist. 2009) (sufficiency review parallel to weight review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for sufficiency of evidence; beyond a reasonable doubt)
- State v. Lazier, 2009-Ohio-5928 (Ohio App. 6th Dist. 2009) (sufficiency of evidence and weight considerations)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (legal standard for reviewing evidence on appeal)
- State v. Diar, 120 Ohio St.3d 460 (2008) (reaffirming sufficiency review framework)
- State v. Perkins, 2010-Ohio-2968 (Ohio App. 3d Dist. 2010) (weight-sufficiency relationship; weight can support sufficiency)
- State v. Urbin, 148 Ohio App.3d 293 (2002) (establishing relationship between weight and sufficiency review)
- D.J. Master Clean, Inc., 123 Ohio App.3d 388 (1997) (sufficient evidence to prove pollution of waters/industrial waste)