2021 Ohio 3160
Ohio Ct. App.2021Background
- On Feb. 2–3, 2019 Morant fled an attempted traffic stop in Belmont County; troopers deployed radar (showing 85 mph in a 65 zone), spike strip, and eventually apprehended him after his vehicle was disabled; dash-cam video and officer testimony were admitted at trial.
- Indicted April 4, 2019 for felony failure to comply / willful eluding under R.C. 2921.331(C)(5)(a)(ii) (operation created substantial risk of serious physical harm).
- Morant failed to appear for a June 2019 pretrial and remained in South Carolina on other charges; Ohio secured his return by extradition on April 18, 2020.
- Morant filed a written jury waiver July 16, 2020, was heard on the waiver the same day, and elected to proceed pro se with stand-by counsel; bench trial was held July 21, 2020 and he was found guilty.
- Sentenced to the maximum 36 months imprisonment and five-year license suspension; timely appealed raising speedy-trial, jury-waiver, evidentiary/sufficiency/weight, and sentencing challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial delay between April 2020 return and July 21, 2020 trial | Time was tolled by defendant's motions and by reasonable continuances (including COVID-related tolling) so the 270-day limit was not violated | Morant argued statutory speedy-trial time (triple time while jailed) expired and continuances/counting were improper | Court held speedy-trial time was tolled (defendant motions, R.C. 2945.72(H) reasonable continuance, and March 2020 statutory tolling under H.B.197); no violation |
| Validity of jury waiver / bench trial | State: written waiver was filed, reviewed in open court, and affirmed by defendant at the July 16 hearing; thus valid | Morant contended waiver was invalid because court entry on July 9 still listed a jury trial and the trial proceeded to bench trial | Court found strict compliance with R.C. 2945.05 and Crim.R. 23(A); written waiver plus in-court affirmation sufficed; waiver valid |
| Sufficiency / weight of evidence (speeding/probable cause; substantial risk) | State: radar reading, officer testimony, dash-cam, and conduct (high speed, passing, close following, failing signs, crash, taze) supported a finding of willful eluding and substantial risk | Morant challenged officer credibility, video authenticity, and radar evidence; argued insufficient proof of speed/probable cause | Court held record (as reflected in trial court's factual findings) provided sufficient and not-manifestly-weight-against evidence; conviction affirmed (review limited by absence of transcript) |
| Admissibility/authentication of dash-cam/video and radar evidence | State: officers authenticated the dash-cam and radar; video is not hearsay and a duplicate may be admitted; radar reliability is judicially recognized | Morant argued video unauthenticated/inaccurate, radar unsupported, and hearsay/chain problems | Court held video and radar admissible; authentication presumption and case law permit admission; defendant’s objections were not preserved in the appellate record |
| Sentence maximum / proportionality | State: sentencing record and PSI supported seriousness and recidivism findings; court complied with statutory sentencing framework | Morant claimed sentence excessive and disproportionate, invoked outdated "worst form" standards | Court found sentencing within statutory bounds, considered R.C. 2929.11/2929.12 factors, and could not reverse absent clear-and-convincing showing; affirmed |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (Ohio 1980) (where transcript portions are omitted on appeal, reviewing court presumes regularity of lower-court proceedings)
- State v. Jackson, 141 Ohio St.3d 171, 23 N.E.3d 1023 (Ohio 2014) (written jury waiver is presumptively voluntary, knowing, and intelligent)
- City of Brook Park v. Rodojev, 161 Ohio St.3d 58, 161 N.E.3d 511 (Ohio 2020) (scientific principles underlying radar devices are sufficiently reliable without expert testimony)
- In re Disqualification of Fleegle, 161 Ohio St.3d 1263, 163 N.E.3d 609 (Ohio 2020) (trial judges may continue/suspend jury trials during COVID-era public-health concerns consistent with speedy-trial obligations)
- State v. Mays, 119 Ohio St.3d 406, 894 N.E.2d 1204 (Ohio 2008) (probable cause is a complete justification for a traffic stop; reasonable suspicion/probable cause analysis)
- State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231 (Ohio 2016) (appellate standard for reviewing felony sentences under R.C. 2953.08(G))