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2012 Ohio 3811
Ohio Ct. App.
2012
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Background

  • Cuyahoga County jury found Scott guilty of failure to comply with an order or signal, carrying a concealed weapon, and drug possession; sentence three years.
  • February 4, 2010, Cleveland police pursued Scott in a zone car after detecting an expired license plate vehicle.
  • Scott fled at 35–40 mph in a 25 mph zone, ran several stop signs, and continued despite sirens and lights.
  • At East 100th Street, Scott’s left turn resulted in a crash with a guardrail and a parked car; bystander was nearby and narrowly avoided injury.
  • Scott exited, attempted to drive away in reverse, but could not, then ran; pistol and cocaine were found on him.
  • Trial court denied defense motions; jury found him guilty on all counts and sentenced him to three years.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the failure-to-comply conviction willful Scott did not stop and fled after signals; conduct was willful. The short chase and slow speeds negate willfulness. Willful failure to stop; weight not against conviction.
Was the furthermore (substantial risk) finding supported Operation created substantial risk of serious harm or property damage. No actual harm occurred; evidence insufficient for substantial risk. Substantial risk found; offense elevated to third degree felony.

Key Cases Cited

  • State v. Leonard, 104 Ohio St.3d 54 (Columbus 2004) (standard for reviewing manifest weight challenges)
  • State v. Martin, 20 Ohio App.3d 172 (Cuyahoga App. 1983) (weight-of-the-evidence review caution)
Read the full case

Case Details

Case Name: State v. Scott
Court Name: Ohio Court of Appeals
Date Published: Aug 23, 2012
Citations: 2012 Ohio 3811; 97676
Docket Number: 97676
Court Abbreviation: Ohio Ct. App.
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