State v. Rhoads
2013 Ohio 152
Ohio Ct. App.2013Background
- Rhoads was charged in Clermont County Municipal Court (2011) with misdemeanor domestic violence and with violation of a protection order; the protection-order charge was not contested at trial.
- The domestic violence charge arose from allegations that Rhoads threatened the victim with imminent physical harm using his pickup truck.
- At trial, the victim testified that Rhoads drove toward her at a gas station, grinned, glared, and created a fear of imminent harm.
- A companion testified the encounter was inadvertent and not threatening.
- Rhoads moved for Crim.R. 29 acquittal; the trial court overruled and found him guilty of domestic violence.
- The appellate court affirmed, holding the evidence was sufficient and not against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports knowledge of imminent harm | Rhoads argues no evidence shows he knowingly caused imminent harm belief | Rhoads contends no fear or imminent-threat element proven | Yes; sufficient evidence. |
Key Cases Cited
- Gaydash v. Gaydash, 168 Ohio App.3d 418 (9th Dist. 2006) (driving at another vehicle can constitute threat of force creating domestic violence)
- State v. Kellum, 12th Dist. No. CA2009-03-081 (2009-Ohio-6743) (defining physical harm and evidentiary standards)
- Hamilton v. Cameron, 121 Ohio App.3d 445 (12th Dist.1997) (victim's belief of imminent harm is essential to the crime)
- State v. Jackson, 2012-Ohio-4219 (12th Dist.) (appellate review of credibility and weight of evidence)