State v. Schrock
2013 Ohio 441
Ohio Ct. App.2013Background
- State appeals Portage County Municipal Court’s in limine grant excluding Intoxilyzer 8000 BAC results.
- Schrock challenged the BAC’s admissibility on the ground of reliability; court ordered Daubert/Miller hearing pretrial.
- Intoxilyzer 8000 is listed as health-director-approved under Ohio law; Director of Health governs reliability.
- Schrock was stopped for speeding and arrested on OVI; BAC registered .096.
- Motion to suppress not adjudicated; motion in limine sought reliability determination; state resisted Daubert pretrial evidence.
- Remand requested for consistent proceedings following the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the trial court require a Daubert hearing on general reliability pretrial? | State: reliability is legislatively determined; no pretrial Daubert needed | Schrock: court must assess reliability of the device before admission | No pretrial Daubert required; however, remand for specific challenges allowed |
| Does legislative recognition of the device obviate Daubert analysis for admissibility? | Reliability presumed under statutory scheme | Judicial review still permissible for specific reliability issues | Statutory recognition precludes general Daubert attack but allows challenge to specific results |
| Can a defendant challenge the device’s general reliability at trial or only specific test results? | No general attack; admissibility governed by statute | Specific unreliability can be raised; weight to be determined | Defendant may challenge specific results; weight, not admissibility, at trial |
| Who bears the burden on remand regarding reliability evidence? | State bears burden to prove compliance with health-director regulations | Presumption of reliability shifts burden to defendant to show unreliability | Burden on remand follows Burnside framework; state must show substantial compliance first |
Key Cases Cited
- State v. Vega, 12 Ohio St.3d 185 (1984) (administrative reliability presumption for health-approved tests; general attack barred)
- State v. Brockway, 2 Ohio App.3d 227 (1981) (legislative delegation to Director of Health; admissibility framework)
- State v. Day, 24 Ohio App.3d 173 (1985) (general vs. specific reliability challenges; weight considerations)
- State v. Urso, 195 Ohio App.3d 665 (2011) (rebuttable presumption limitations; Vega framework applied)
- State v. Ferrato, 167 Ohio App.3d 136 (2006) (deference to director of health on scientific expertise)
- State v. Boczar, 113 Ohio St.3d 148 (2007) (constitutional validity of legislative reliability determinations)
- State v. Rouse, 2012-Ohio-5584 (2012) (remand procedure; burden shifting on suppression of specific results)
- State v. Carter, 2012-Ohio-5583 (2012) (remand and Daubert-related considerations in Vega framework)
- Burnside, 100 Ohio St.3d 152 (2003) (burden-shifting framework for suppression of test results)