State v. Laporte
2015 Ohio 294
Ohio Ct. App.2015Background
- On Dec. 31, 2013, Chillicothe police responded ~3:30 a.m. to a possible domestic/forced-entry at an apartment after dispatch reported a male trying to get inside and officers observed broken patio glass.
- Officer Dement saw LaPorte inside, identified himself and ordered LaPorte to come out with his hands up; LaPorte retreated, said "Give me a second" / "Give me two minutes," and went upstairs.
- Officers waited, backup arrived, then entered through broken glass a few minutes later and arrested LaPorte; officers later found his wallet in his pocket.
- LaPorte testified he broke the glass to get warm, suffered PTSD and a panic attack, had been inside using the bathroom, and did not have a chance to explain; audio evidence and officer testimony contradicted parts of his account.
- LaPorte was convicted after a bench trial of obstructing official business (R.C. 2921.31), sentenced to five days (credit for time served) and fined; he appealed challenging sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LaPorte committed an "affirmative or overt act" that "hampers or impedes" officers under R.C. 2921.31 | State: Retreating/withdrawing and failing to obey orders during a suspected burglary/detainment delayed and impeded the officers’ investigation | LaPorte: Brief retreat/remaining inside was essentially a refusal to act; Crowell/Gillenwater line requires a distinct affirmative act beyond mere noncooperation | Court: Retreating and refusing orders while officers investigated a possible burglary was an overt act that delayed and impeded officers; conviction sustained |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (defines sufficiency review standard for criminal convictions)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reasonable-doubt sufficiency standard for criminal convictions)
- State v. Martin, 20 Ohio App.3d 172 (Ohio App. 1985) (appellate standard forbids reweighing evidence on sufficiency review)
- State v. Thomas, 70 Ohio St.2d 79 (Ohio 1982) (weight/credibility of evidence reserved for trier of fact)
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (discusses Terry investigative-stop standard)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations are for the trier of fact)
- State v. Certain, 180 Ohio App.3d 457 (Ohio App. 2009) (flight during an investigative stop may support an obstruction charge under appropriate circumstances)