2019 Ohio 60
Ohio Ct. App.2019Background
- Multi-car crash on I-71 (Dec. 27, 2015) killed a passenger; Erin Jones was identified at scene and officers smelled alcohol on her.
- Due to heavy rain, troopers transported Jones to a hospital portico to administer field sobriety tests (HGN, walk-and-turn, one-leg stand) and collected a urine sample with hospital staff assistance.
- Lab testing later reported Jones’s urine alcohol concentration at .205 g/100mL. She was charged with aggravated vehicular homicide, aggravated vehicular assault, and vehicular assault.
- Jones moved to suppress the field sobriety test results and urine test on grounds of noncompliance with NHTSA procedures and contamination (trooper allegedly added a sulfate mixture); motion denied by the trial court.
- Jury convicted on all counts; court merged counts and sentenced Jones to prison terms and lifetime driver’s-license suspension for aggravated vehicular homicide. Jones appealed.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether trooper substantially complied with NHTSA field-sobriety testing standards (R.C. 4511.19(D)(4)(b)) | Trooper misadministered HGN (distance, height, sweep angles) and miscued/were inadequate instructions for walk-and-turn and one-leg stand | Trooper substantially complied; dash-cam video and testimony show adherence to NHTSA procedures and proper instructions | Court (de novo review of legal conclusion) held substantial compliance shown by clear and convincing evidence; suppression denied |
| Whether urine sample should be suppressed for alleged contamination and lack of probable cause to arrest | Urine contaminated by trooper adding a ‘‘sulfate mixture’’; arrest lacked probable cause (raised on appeal) | State relied on preservation rules and trial-court record showing procedure; argued issues were forfeited by not raising them below | Court held Jones forfeited these arguments by failing to raise them in the trial court; arguments not considered on appeal |
| Sufficiency of the evidence absent the urine test | Without urine result, evidence insufficient to support convictions | Convictions rest on admissible sobriety tests and other evidence; urine admissible so sufficiency challenge fails | Moot (premised on success of suppression challenge which was rejected) |
| Whether identical verdict forms failed to specify degree/element and rendered sentencing improper (Pelfrey issue) | Jury verdicts identical for alternative statutory theories; failure to specify degree or finding of aggravating element invalidates enhanced degree sentencing | The alternative counts alleged different statutory offenses or different means of committing same offense, not different degree levels within same offense; Pelfrey / R.C. 2945.75(A)(2) does not apply | Court held Pelfrey inapplicable; verdicts sufficient and sentencing proper |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of review for suppression: trial court factual findings given deference; legal conclusions reviewed de novo)
- State v. Baker, 146 Ohio St.3d 456 (Ohio 2016) (preservation rule for challenging procedural compliance in chemical/breath test admissibility)
- State v. French, 72 Ohio St.3d 446 (Ohio 1995) (waiver of foundation requirement for breath test admissibility if not raised in suppression motion)
- State v. Pelfrey, 112 Ohio St.3d 422 (Ohio 2007) (verdict form must specify degree or finding of aggravating element when same offense has multiple degree levels)
- Defiance v. Kretz, 60 Ohio St.3d 1 (Ohio 1991) (breathalyzer admissibility properly raised via motion to suppress)
- State v. McNamara, 124 Ohio App.3d 706 (App. 4th Dist. 1997) (discussion of appellate review standards for suppression rulings)
- State v. Hopfer, 112 Ohio App.3d 521 (App. 2d Dist. 1996) (trial court as factfinder at suppression hearings)
- State v. Venham, 96 Ohio App.3d 649 (App. 4th Dist. 1994) (credibility determinations and suppression hearing deference)