State v. Knight, 78 N.E.3d 1267

Knight was charged with failure to comply with underage alcohol laws (R.C. 4301.69(B)) and two counts of sexual imposition (R.C. 2907.06(A)(1)-(2)); he pleaded not guilty.
The Wayne County Municipal Court proceeded to a jury trial; the jury convicted on Counts I and III and acquitted on Count II.
Knight moved under Crim.R. 29(C) to set aside the verdicts; the court denied the motion.
Knight was sentenced on April 30, 2015, with the sentence stayed pending appeal.
On appeal, Knight raises three assignments of error challenging trial court rulings and instructions.
The appellate court affirms the trial court’s judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mistrial for 404(B) testimony	State argues no abuse of discretion; testimony was not about specific prior acts.	Knight contends the victim’s reference to past acts violated Evid.R. 404(B) and prejudiced trial.	No abuse; mistrial not required; curative instruction adequate.
Deputy Saurer as expert witness	State argues deputy’s testimony was proper expert-like evidence.	Knight claims lack of proper designation, no Crim.R. 16(K) report, and no qualifying expertise.	No plain error; evidence would not have changed outcome; proper foundation not shown.
Jury instruction on 'substantially impaired'	State contends no error requiring reversal given substantial evidence of impairment.	Knight argues omission of Zeh-defined meaning of 'substantially impaired' was plain error.	No plain error; evidence shows impairment and outcome would be unchanged.

State v. Howes, 9th Dist. Summit No. 24665, 2010–Ohio–421 (Ohio 2010) (great deference to trial court on mistrial rulings)
State v. Kyle, 9th Dist. Summit No. 24655, 2010–Ohio–4456 (Ohio 2010) (trial court best positioned to decide mistrial necessity)
State v. Glover, 35 Ohio St.3d 18, 19 (1988) (Ohio 1988) (standards for mistrial and prejudice)
State v. Ahmed, 103 Ohio St.3d 27, 2004–Ohio–4190 (Ohio 2004) (prejudice analysis for mistrial rulings)
State v. W.J., 10th Dist. Franklin No. 14AP-457, 2015-Ohio-2353 (Ohio 2015) (ample evidence can cure potential prejudice from testimony)
State v. Ocasio, 9th Dist. Lorain No. 15CA010773, 2016-Ohio-4686 (Ohio 2016) (erroneous statements addressing mens rea may be cured by instructions)
State v. Maurer, 15 Ohio St.3d 239, 267 (1984) (Ohio 1984) (standard for evaluating prejudice in evidentiary claims)
State v. Zeh, 31 Ohio St.3d 99, 103 (1987) (Ohio 1987) (definition of 'substantially impaired' in absence of statutory definition)
State v. Springs, 8th Dist. Cuyahoga No. 103539, 2016-Ohio-5323 (Ohio 2016) (forfeiture of jury instruction error; plain error standard)
State v. Cooperrider, 4 Ohio St.3d 226, 227 (1983) (Ohio 1983) (plain error analysis for jury instructions)