State v. Knicely
2011 Ohio 4879
Ohio Ct. App.2011Background
- Knicely was stopped for speeding on State Route 585 near midnight; odor of alcohol detected.
- He admitted consuming one to two beers prior to the stop and performed field sobriety tests after being removed from the motorcycle.
- He was arrested for OVI; he refused to submit to a blood alcohol test at the police station; he had one prior OVI conviction.
- Charges: speeding under R.C. 4511.21(D)(1) and driving while under the influence under R.C. 4511.19(A)(1)(a) and (A)(2).
- A jury convicted Knicely of R.C. 4511.19(A)(2); the trial court dismissed the other charges.
- On appeal Knicely raises three assignments of error challenging closing arguments, sufficiency of the evidence, and manifest weight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Closing argument restriction of defense commentary | Knicely argues the court erred by restricting defense cues about the missing video. | State contends the court acted within discretion; closing arguments are not evidence. | No abuse of discretion; assignment overruled. |
| Sufficiency of the evidence for OVI | Knicely contends evidence rests on officer’s subjective impression alone. | State asserts field sobriety tests, odor, admission, and officer experience support guilt beyond reasonable doubt. | Sufficient evidence to convict; assignment overruled. |
| Weight of the evidence | Knicely claims the manifest weight is against the evidence. | State argues credibility and jury’s determinations support conviction. | Not against the manifest weight; assignment overruled. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; rational finder could convict)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency is a test of adequacy beyond reasonable doubt)
- State v. Frazier, 73 Ohio St.3d 323 (1995) (closing arguments are not evidence)
- State v. Cunningham, 9th Dist No. 2475 (1989) (officer's opinion alone insufficient; need corroboration)
- State v. Stephens, 24 Ohio St.2d 76 (1970) (opinions predicated on inferences outside the evidence are not countenanced)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)