2012 Ohio 5783
Ohio Ct. App.2012Background
- State appeals a trial court’s order granting defendant’s motion in limine prohibiting use of a prior no contest conviction to elevate the current offense.
- The charged offense is violation of a protection order; Sheppard had a prior no contest conviction for a protection order violation.
- Under R.C. 2919.27(B)(2)-(3), prior violation of a protection order can elevate a misdemeanor to a fifth-degree felony if there is a prior conviction.
- Crim.R. 11(B)(2) and Evid. R. 410 generally bar use of a no contest plea, but Mapes provides an exception if the conviction is made relevant by statute.
- Elevation of the offense would be based on the prior conviction made relevant by statute; Elevators distinguishes limits of Mapes to contract settings.
- Court held the Mapes exception applies here; the prior conviction was admissible to raise the current offense’s level.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mapes permits using a prior no contest conviction to elevate the offense | State argues prior conviction is made relevant by statute | Sheppard argued no contest plea itself cannot be admitted | Mapes exception applies; prior conviction admissible |
Key Cases Cited
- State v. Mapes, 19 Ohio St.3d 108 (1985) (no contest plea admissibility limited by statute when conviction is relevant)
- Elevators Mut. Ins. Co. v. J. Patrick O’Flaherty’s, Inc., 125 Ohio St.3d 362 (2010) (Mapes exception not extended to contract situations; distinguishes from criminal-evidentiary use)