2020 Ohio 4318
Ohio Ct. App.2020Background
- Deputies stopped Jerry Setty for an unlit taillight; both Setty and his twin brother immediately reacted belligerently and were recorded on officers’ body cameras.
- Officers separated Setty from the vehicle, observed slurred speech, bloodshot/glassy eyes, and smelled alcohol and marijuana; Setty refused field sobriety and urine tests.
- Officers inventoried the vehicle and found marijuana in a Crown Royal bag; multiple officers testified they believed Setty was impaired by alcohol and/or marijuana.
- Body‑camera footage from three officers showing Setty’s speech and conduct was admitted into evidence as joint exhibits without redaction.
- During playback, Setty’s brother made derogatory comments about the police chief and a juror’s mother; Juror No. 375 said he could not be impartial and was replaced with an alternate.
- A jury convicted Setty of operating a vehicle while under the influence (first‑degree misdemeanor); Setty appealed asserting (1) the conviction was against the manifest weight of the evidence and (2) the trial court erred in denying a mistrial after the juror incident.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Setty) | Held |
|---|---|---|---|
| Manifest weight of the evidence | Four officers’ testimony plus bodycam footage provided competent, credible proof of impairment by alcohol and/or marijuana. | Officers confused belligerence for intoxication and disagreed initially whether alcohol odor came from Setty or the truck. | Affirmed. Jury credibility findings and bodycam evidence support the conviction; not the exceptional case requiring reversal. |
| Motion for mistrial after offensive remarks on bodycam | Setty invited any error by agreeing to play unredacted footage; trial court reasonably questioned jurors, excused biased juror, and found no jury‑wide taint. | The entire jury was tainted by the derogatory statements and a mistrial was required. | Affirmed. Trial court did not abuse discretion replacing Juror No. 375 and denying mistrial; invited‑error doctrine applies. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sets Ohio standard for manifest‑weight review)
- State v. Eley, 56 Ohio St.2d 169 (1978) (state must present sufficient credible evidence to prove each element beyond a reasonable doubt)
- Woodards v. Cardwell, 430 F.2d 978 (6th Cir. 1970) (definition and scope of a trial court’s "sound discretion")
- United States v. Warren, 973 F.2d 1304 (6th Cir. 1992) (substitution of alternate juror for reasonable cause is within trial court’s prerogative)
- State ex rel. Smith v. O'Connor, 71 Ohio St.3d 660 (1995) (invited‑error doctrine: party cannot complain of error it induced)