2015 Ohio 4838
Ohio Ct. App.2015Background
- Mayle was convicted of negligently causing the death of Bumgardner while operating a motor vehicle after turning at a four-way Martins Ferry intersection.
- A dump truck approached perpendicular to Mayle’s truck; Bumgardner crossed in front and was struck and killed.
- Mayle was charged with two counts of vehicular manslaughter: (1) negligently causing death; (2) causing death while committing a traffic violation.
- The jury found Mayle guilty of the first count and not guilty on the second count; he was sentenced to jail, license suspension, and probation.
- On appeal, Mayle argued (a) improper handling of jury instructions and (b) Brady/Discovery issues affecting trial.
- The appellate court reversed and remanded for a new trial, addressing the written jury instructions issue as dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to provide written jury instructions violated Crim.R. 30(A). | Mayle | Mayle | Merits; Crim.R. 30(A) controls over the statute, requiring written or recorded instructions to the jury. |
| Whether the alleged Brady violation warranted a mistrial. | Mayle | Mayle | Moot; issue resolved by ruling on the jury instruction error. |
Key Cases Cited
- State v. Tate, 59 Ohio St. 2d 50, 391 N.E.2d 738 (1979) (Criminal rules prevail over conflicting statutes in procedural matters)
- State v. Dudas, 11th Dist. No. 2011-L-094, 2012-Ohio-2122 (2012) (Criminal Rules supersede statutes when conflict arises)
- State ex rel. Silcott v. Spahr, 50 Ohio St.3d 110, 552 N.E.2d 926 (1990) (constitutional priority of criminal rules over statutes)
- State v. Jallah, 2015-Ohio-1950 (Ohio 8th Dist. 2015) (Crim.R. 30(A) duties regarding instruction copies to jury)
- State v. Howard, 2011-Ohio-27 (2d Dist. No. 23795, 2011) (Crim.R. 30(A) requirement interpreted in deliberations context)
