State v. Perdue, 2012 Ohio 689

Ms. Perdue’s husband raped their two-year-old daughter in March 2009, resulting in severe injuries.
In March 2010, Perdue was indicted on three counts of endangering children (later dismissed), one count of tampering with evidence, and one count of obstructing official business.
At trial, the three endangering-counts were dismissed; she was convicted of tampering with evidence (felony) and obstructing official business (misdemeanor) via complicity.
The evidence showed Perdue allegedly aided her husband’s attempt to conceal or impair evidence and lied to police about hotel status, among other acts.
Perdue challenged the convictions as supported by insufficient evidence and as a manifest weight issue; the court affirmed the convictions.
The court analyzed sufficiency using a light most favorable to the state, applying Johnson and related standards, and rejected the weight challenge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence was sufficient and not against the manifest weight for tampering via complicity	Perdue argues insufficient/weight against conviction for tampering	State argues sufficient evidence of complicity and intent to impair evidence	Evidence sufficient; not against weight for tampering
Whether the evidence supported obstructing official business via complicity	Perdue asserts lack of proof of intent/hampering the investigation	State contends Perdue aided and abetted by actions facilitating concealment	Evidence sufficient; not against weight for obstructing official business

Jenks v. United States, 61 Ohio St.3d 259 (1991) (sufficiency review standard; rational trier of fact could find guilt beyond reasonable doubt)
State v. Johnson, 93 Ohio St.3d 240 (2001) (complicity requires shared criminal intent inferred from circumstances)
State v. Lazzaro, 76 Ohio St.3d 261 (1996) (unsworn false statements to a public official as obstructing official business)
State v. McCrone, 63 Ohio App.3d 831 (1989) (intent element and proof required to prove obstruction)
State v. Crowell, 2010-Ohio-4917 (2010) (evidence sufficiency and intent considerations in obstruction)
State v. Thomas, 2006-Ohio-4241 (2006) (weight of the evidence; discretionary nature of new trial orders)
State v. Andrews, 2010-Ohio-6126 (2010) (credibility and conflict resolution in weight review)
State v. Otten, 33 Ohio App.3d 339 (1986) (weight review framework; exceptional cases for reversal)