State v. Schuyler
2012 Ohio 2801
Ohio Ct. App.2012Background
- Defendant Jeremy M. Schuyler was convicted in Clark County Court of Common Pleas of Resisting Arrest and Obstructing Official Business; sentences were six and twelve months concurrent.
- State appealed with a single assignment of error challenging the denial of Crim.R.29 motion for acquittal.
- Trial occurred after the State rested its case at Tecumseh High School; the proceedings included Crim.R.29 colloquy.
- The State argued Tecumseh High School is in Clark County based on secretary Michele Lucas’s testimony about the school’s location.
- The court held the Crim.R.29 motion was too vague to raise venue, and venue is not a charging element; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Crim.R.29 motion adequately challenged venue. | Rinehart argued venue proven via Lucas testimony. | Schuyler argued venue not proven; motion too general. | Assignment overruled; venue element not properly raised; conviction affirmed. |
Key Cases Cited
- State v. Draggo, 65 Ohio St.2d 88 (Ohio 1981) (venue and sufficiency interplay; elements and venue distinct but venue must be proved unless waived)
- State v. Nevius, 147 Ohio St. 263 (Ohio 1947) (venue must be proved at trial unless waived)
- State v. Jones, 91 Ohio St.3d 335 (2001) (failure to timely Crim.R.29 may waive sufficiency challenge; appellate plain error may apply)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (conviction based on insufficient evidence violates due process)
- State v. Coe, 153 Ohio App.3d 44 (Ohio 2003) (implicit overrule of waiver rule for sufficiency in some contexts)