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2012 Ohio 3523
Ohio Ct. App.
2012
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Background

  • Howard was indicted May 4, 2011 for intimidation under R.C. 2921.03(A), a felony in the third degree.
  • The case proceeded to a bench trial where the court found Howard guilty and sentenced him to two years in prison.
  • The State alleged Howard threatened Corrections Officer Elfers and also threatened state property by intending to break the sprinkler system.
  • Officer Elfers testified Howard shouted threats while in segregation, causing fear for his safety and impacting his ability to perform duties.
  • Other officers corroborated hearing Howard threaten Elfers and noted Howard’s prior involvement with the Heartless Felons prison gang, supporting a fear-based context.
  • The court held the evidence sufficient to prove an unlawful threat of harm to a public servant or to state property in order to influence, intimidate, or hinder duties.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of the evidence Howard argues insufficient evidence of intimidation. Howard contends evidence fails to show intent to influence duties. Evidence sufficient to prove intimidation
Weight of the evidence Howard claims the verdict ignores competing inferences. Howard asserts the evidence supports a different inference than conviction. Conviction not against weight of evidence

Key Cases Cited

  • State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard requires viewing evidence in a light most favorable to state)
  • State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (appellate review of weight involves weighing all evidence and credibility)
  • Bowshier v. Bowshier, 167 Ohio App.3d 87 (2006-Ohio-2822) (distinguishes competing inferences in manifest weight review)
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Case Details

Case Name: State v. Howard
Court Name: Ohio Court of Appeals
Date Published: Aug 6, 2012
Citations: 2012 Ohio 3523; 11CA010130
Docket Number: 11CA010130
Court Abbreviation: Ohio Ct. App.
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