State v. Smith
2016 Ohio 7278
| Ohio Ct. App. | 2016Background
- In Jan. 2014 Deputy Hawsman went to David H. Smith’s house to execute a writ of possession; Smith refused entry, became irate, slammed the storm door, and said he had a gun. The main door stayed partly open.
- Smith refused orders to show his hands; Deputy Hawsman called for assistance and multiple police units and SWAT responded.
- Officers established a perimeter, blocked and rerouted traffic, notified schools and buses, and told neighbors to evacuate or go to basements; limited communications with Smith continued for over seven hours.
- Smith was arrested without incident; officers found two loaded handguns in the home.
- A grand jury indicted Smith for inducing panic under R.C. 2917.31(A)(3); a jury convicted him and the trial court imposed one year of community control with jail suspended.
- Smith appealed raising three assignments of error: (1) indictment defect for not naming a predicate offense, (2) denial of Crim.R. 29 motion (insufficient evidence), and (3) conviction against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Smith) | Held |
|---|---|---|---|
| 1. Indictment defect for not naming predicate offense | Indictment sufficiently charged inducing panic; Smith knew State’s theory. | Indictment failed to expressly state predicate offense (obstructing official business); trial court should have dismissed. | Waived—defect not raised before trial; appeal overruled. |
| 2. Sufficiency of evidence to support inducing panic (Crim.R. 29) | Evidence showed Smith’s conduct caused serious public inconvenience/alarm (road closures, rerouted traffic, school/bus notices, evacuations). | State failed to prove serious public inconvenience/alarm; similar cases reversed; needed non‑law‑enforcement testimony of inconvenience. | Sufficient—reasonable juror could find elements proven beyond a reasonable doubt; appeal overruled. |
| 3. Manifest weight of the evidence | Testimony and physical evidence supported verdict; officers acted reasonably. | Conviction against weight of evidence; Smith did not brandish or threaten, police overreacted. | Not against manifest weight—the court will not reverse absent exceptional miscarriage of justice; appeal overruled. |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and manifest‑weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Otten, 33 Ohio App.3d 339 (1986) (framework for manifest‑weight review)
- State v. Horner, 126 Ohio St.3d 466 (2010) (failure to timely object to indictment defects forfeits the issue)