2021 Ohio 1618
Ohio Ct. App.2021Background
- Appellant Alliya Crenshaw Rottman was indicted on one count of felonious assault (R.C. 2903.11) and convicted after a jury trial; sentenced to an indefinite prison term of 2–3 years.
- Incident: in early morning hours, Rottman broke a bedroom window with a hammer, confronted the victim while holding the hammer, engaged in a physical altercation, then drove her car over curb/grass and struck the victim.
- Victim sustained a fractured ankle, leg lacerations requiring staples, swelling, and a tire mark; scene and injury photos were admitted.
- Additional evidence: a Facebook Live video of Rottman saying she "should have smoked" the victim, and jail-call recordings in which Rottman urged a male witness to alter his statement.
- Rottman testified she acted in self-defense, denied running over the victim, and claimed the injuries were caused by her heel; she admitted breaking the window and to the recorded jail call.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the Reagan Tokes Act (separation of powers / due process) | The issue was waived because not raised at trial; court should not consider it on appeal. | Rottman: Act violates separation of powers and due process. | Not considered on the merits; Rottman waived the claim and did not argue plain error, so assignment not well-taken. |
| Sufficiency of evidence for felonious assault | Evidence (injuries, photos, scene marks, video, jail calls) permits a rational trier of fact to find elements beyond a reasonable doubt. | Rottman: she acted in self-defense; did not run over the victim. | Evidence was sufficient; conviction upheld. |
| Manifest weight of the evidence | Jury verdict is supported by record; no miscarriage of justice. | Rottman: verdict against manifest weight because she acted in self-defense. | Court—acting as thirteenth juror—declined to disturb verdict; not against the manifest weight. |
Key Cases Cited
- State v. Awan, 22 Ohio St.3d 120, 489 N.E.2d 277 (waiver of constitutional challenge not raised at trial)
- In re M.D., 38 Ohio St.3d 149, 527 N.E.2d 286 (plain-error exception permitting consideration of waived constitutional claims in limited circumstances)
- State v. Quarterman, 140 Ohio St.3d 464, 19 N.E.3d 900 (party asserting plain error bears burden to show outcome likely different)
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (standard for reviewing manifest-weight claims)