2011 Ohio 2886
Ohio Ct. App.2011Background
- Smith was convicted of failing to comply with the order of a police officer, obstructing official business, and reckless operation in Summit County Court of Common Pleas.
- On December 11, 2009, officers responding to a Vertigo Niteclub disturbance heard gunshots in a nearby parking lot and pursued fleeing individuals, including Smith.
- Smith fled in a vehicle, nearly struck officers, and the pursuit continued; he was eventually stopped in Route 8 by a Stow Police Department officer based on a partial license plate.
- Indictment returned December 28, 2009 charging three counts; jury found him guilty of failure to comply and obstructing, and the court found him guilty of reckless operation.
- Smith appealed raising three assignments of error; the trial court sentenced him to a total of three years in prison.
- The appellate court affirmed all convictions and the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial for prosecutorial misconduct | Smith argues discovery was withheld affecting defense. | Smith contends withheld materials prejudiced defense and required mistrial. | No reversible error; trial court did not abuse discretion. |
| Admission of gunshot residue evidence | Testimony linked Smith to shooter; evidence irrelevant to charges. | Residue corroborates motive and connection to act; not wholly irrelevant. | Not an abuse; testimony admissible and probative. |
| Post-release control in sentencing entry | Entry defective for not listing release-control term for each count. | One term of post-release control permitted for multiple convictions. | One term proper; no defect. |
Key Cases Cited
- State v. Franklin, 62 Ohio St.3d 118 (1991) (mistrial only when ends of justice require and substantial rights affected)
- State v. Howes, 2010-Ohio-421 (9th Dist. 2010) (abuse of discretion standard in mistrial rulings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)
- State v. Rohr-George, 2007-Ohio-1264 (9th Dist.) (motive is not guilt but can corroborate act)
- State v. Mills, 2002-Ohio-7323 (9th Dist. 2002) (investigatory stop based on flight and suspicious behavior)
- State v. Kracker, 2010-Ohio-5329 (9th Dist. 2010) (one post-release control term for multiple convictions)