2013 Ohio 2681
Ohio Ct. App.2013Background
- Laber was employed at Emerson Labored in Ironton, Ohio, where he made remarks about shooting coworkers and bombing the workplace.
- Linda Lawless testified Laber discussed shooting two coworkers and that he had three bombs, intending to start at the front office.
- Lawless reported Laber's remarks to authorities, leading to Laber's termination and investigation.
- Three weeks later, the Lawrence County Grand Jury indicted Laber for making a terrorist threat; Laber pled not guilty.
- At trial, Lawless and other Labored employees testified about Laber's threats and the company's response.
- The jury convicted Laber of making a terrorist threat (R.C. 2909.23) and the court sentenced him to three years in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for warrantless arrest | Laber argues there was no probable cause for arrest. | No explicit argument presented; issue is not pursued on appeal. | Overruled; issue not reached due to suppression-motion framework. |
| Sufficiency/weight of evidence for R.C. 2909.23 | Conviction is against the manifest weight of the evidence and lacks sufficiency. | Evidence supports conviction; credibility issues for jury to resolve. | Sufficient evidence supports conviction; not against the manifest weight. |
| Use of prior misdemeanor record in sentencing | Trial court erred by considering misdemeanor offenses for sentencing. | Argument not supported with authority; prior convictions relevant to sentencing. | No abuse of discretion; use of prior conduct was appropriate and within discretion. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (test for sufficiency and weighing of evidence; standard guidance)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review framework and standard)
- State v. Were, 118 Ohio St.3d 448 (Ohio 2008) (reaffirms sufficiency and standard of review)
- State v. Hancock, 108 Ohio St.3d 57 (Ohio 2006) (evidentiary weighting and appellate deference to jury)
- State v. Jones, 90 Ohio St.3d 403 (Ohio 2000) (further articulation on sufficiency and jury credibility)
- State v. Baughman, 2012-Ohio-5327 (6th Dist. 2012) (threats to employer can support intent to intimidate population)
- State v. Connin, 6th Dist. No. L–11–1312, 2012-Ohio-4989 (Ohio 2012) (prior convictions relevance to sentencing)
- State v. Pettit, 5th Dist. No. 11CA0108, 2012-Ohio-3057 (Ohio 2012) (prior convictions relevant to sentencing selections)