State v. Grove, 2020 Ohio 1123

Defendant Paul Grove lost control of his SUV while returning from a graduation party, crossed into oncoming traffic and collided with two motorcycles; one motorcycle passenger died and both drivers suffered serious injuries.
Troopers detected alcohol on Grove, he gave statements admitting he drank (several beers) and refused to finish some field sobriety tests; breath test results exceeded the legal limit.
Accident reconstruction evidence placed Grove at high speed and concluded loss of control caused the collision; investigators found beer in the vehicle.
Grove was indicted on multiple counts including aggravated vehicular homicide, aggravated vehicular assault, and OVI; he pled guilty initially but his sentence was vacated on plea-colloquy grounds and the case proceeded to jury trial.
A jury convicted Grove on the remaining counts; he received an aggregate 18-year sentence and appealed, raising four assignments of error: sentence contrary to law, improper inflammatory depiction of injuries, manifest-weight/sufficiency challenge, and ineffective assistance for not filing a suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1) Sentence contrary to law	Sentence supported by record; trial court considered mitigating factors	Sentence predetermined; trial court failed to consider mitigation; record does not support findings	Overruled — no clear and convincing evidence that record fails to support sentencing findings; mitigating factors were considered
2) Admission/view of victim's injuries	View was probative to prove permanent disfigurement (element of assault) and thus admissible	Showing injuries was prejudicial, "putting on a show," irrelevant	Overruled — defendant waived a Rule 403 prejudice challenge; record lacks specifics of the display and court did not abuse discretion
3) Manifest weight / sufficiency	Evidence (breath test, statements, reconstruction, scene evidence) proves elements beyond a reasonable doubt	Victims unhelmeted and may have mitigated; evidence insufficient or jury lost its way	Overruled — viewing evidence in prosecution's favor, a rational juror could convict; not an exceptional case to overturn on weight grounds
4) Ineffective assistance (no motion to suppress OVI)	Failure to file suppression is not per se ineffective; no showing a suppression motion would have succeeded or changed outcome	Counsel ineffective for failing to move to suppress breath test evidence	Overruled — appellant did not show a viable suppression basis or resulting prejudice; claim fails under Strickland/Ohio precedent

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standards for appellate review of felony sentences and limits on modifying sentences)
State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (requirements for review of consecutive sentences and record support)
State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (distinction between sufficiency and manifest-weight review)
State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency of the evidence review)
State v. Landrum, 559 N.E.2d 710 (Ohio 1990) (trial court discretion on photographic/evidentiary displays and Rule 403 balancing)
State v. Woodards, 215 N.E.2d 568 (Ohio 1966) (gruesome evidence admissible if probative value outweighs prejudicial effect)