State v. Roberts, 2012 Ohio 4715

Appellant Herschel Roberts was convicted of aggravated vehicular homicide after a fatal hit-skip crash involving bicyclist Sylvia Bingham on Prospect Ave., Cleveland, Ohio.
Bingham died from injuries after Roberts’ box truck struck her at an intersection when turning right; witnesses placed the bike near the truck as it accelerated away.
The accident investigation included expert testimony on whether Roberts observed Bingham, with dispute over whether he checked mirrors and whether he used blinkers.
Roberts’ post-accident drug test, conducted for employer-mandated purposes, was suppressed for not meeting state admissibility standards, though some testimony about the test was admitted.
Roberts was sentenced to three years in prison for the third-degree felony; he challenged the sufficiency/weight of the evidence and the sentence on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of evidence for recklessness	Roberts recklessly caused Bingham’s death	Roberts lacked sufficient evidence of recklessness	Conviction sustained on sufficiency and weight grounds
Admission of drug-test testimony	Testimony about the positive drug test was admissible	Testimony was inadmissible after suppression order	Harmless error; no reversal due to surviving substantial evidence
Sentence within statutory bounds	Three-year term appropriate considering prior history and harm	Sentence excessive given facts	Sentence not an abuse of discretion

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for determining sufficiency beyond a reasonable doubt)
State v. Earlenbaugh, 18 Ohio St.3d 19 (1985) (definition of recklessness/wantonness in Ohio)
State v. Lytle, 48 Ohio St.2d 391 (1976) (harmless error framework; standards for evidentiary review)