2013 Ohio 3813
Ohio Ct. App.2013Background
- Jarrells was convicted of two counts of driving while intoxicated (DUI) under R.C. 4511.19, with each count including a prior felony conviction specification.
- State moved in limine to exclude Dr. Staubus’s report, arguing it attacked breathalyzer reliability contrary to Vega; Jarrells argued it addressed the test’s weight.
- Trial court granted the motion in limine as to Staubus’s findings, but allowed a potential proffer if Staubus testified.
- At trial, evidence showed Jarrells was observed intoxicated by Meyers, open containers in the car, and a breathalyzer result of 0.128; Jarrells admitted drinking three beers.
- Video of the breath test and Jarrells’s statements were presented; Brickman testified for Jarrells about the evening.
- Jury convicted Jarrells on both DUI counts; sentences merged for sentencing; Jarrells received four years’ imprisonment, lifetime license suspension, and a $1,350 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by granting the in limine excluding Staubus’s testimony | State contends Staubus attacked general reliability (inadmissible per Vega). | Jarrells argues Staubus’s testimony would address weight of the breath test. | Overruled; issue not preserved as proffer was not made. |
| Whether defense counsel rendered ineffective assistance by not proffering Staubus’s testimony | State | Counsel’s proffer was necessary to preserve the issue for appeal. | Overruled; defense counsel’s decision not to proffer was reasonable and not prejudicial. |
| Whether the DUI convictions are against the manifest weight of the evidence | State’s evidence (obvious intoxication, video, and breath test) support guilt. | Jarrells contends the verdicts weigh against the evidence. | Overruled; not a reversal-tempting manifest miscarriage of justice. |
Key Cases Cited
- State v. Vega, 12 Ohio St.3d 185 (Ohio 1984) (breath-test reliability not attacked by expert testimony per Vega)
- State v. Thompson, 2005-Ohio-2053 (Ohio 2005) (Defendant permitted proffer of Staubus’s testimony; failure to proffer not preserved)
- State v. Grubb, 28 Ohio St.3d 199 (Ohio 1986) (probable finality of in limine rulings; need to proffer evidence for final admissibility)
- State v. Mullins, 162 Ohio St. 419 (Ohio 1954) (lay witnesses may testify to intoxication)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (thirteenth juror standard for manifest weight review)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio 2007) (weight of the evidence; exceptional case standard)