State v. McGregor
2016 Ohio 3082
Ohio Ct. App.2016Background
- On March 16, 2015, Trooper Speicher measured Christopher McGregor at 76 mph in a 60 mph zone on US 30 using a calibrated laser; a citation listed the offense time as 8:56 a.m.
- McGregor pled not guilty; trial (bench) occurred June 15, 2015, and judgment of guilty was entered July 20, 2015.
- At trial the trooper gave testimony including speed measurement and inconsistent statements about the time of the offense; dash-cam video showed a time differing from the original ticket.
- The state sought and the trial court allowed an amendment to the ticket to reflect 8:56 a.m., matching the trooper’s video evidence.
- McGregor appealed, raising three assignments of error: (1) insufficiency/manifest weight of the evidence based on alleged trooper fabrication; (2) improper amendment of the ticket; (3) equal protection violation from prosecutor’s refusal to offer a plea bargain.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence | Trooper's speed testimony and laser reading proved the offense | Trooper lied about time (3 versions) so his testimony was not credible | Conviction supported; inconsistencies did not negate speed evidence; verdict not against manifest weight or sufficiency |
| Amendment of ticket | Amendment merely corrected time to match video and did not change the charge | Amendment from 8:05 to 8:56 prejudiced defense | Amendment allowed under Crim.R. 7(D); no demonstrated prejudice |
| Plea-bargain/refusal to offer plea | N/A (state exercised discretion) | Prosecutor’s refusal violated equal protection / deprived McGregor of plea offer | No constitutional violation; no right to plea bargain; defendant not a protected class |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency-of-evidence review)
- State v. Antill, 176 Ohio St. 61 (1964) (jury may accept portions of witness testimony)
- State v. Martin, 20 Ohio App.3d 172 (1983) (discussion of manifest-weight standard)
- Weatherford v. Bursey, 429 U.S. 545 (1977) (no constitutional right to a plea bargain)