State v. Solt
2023 Ohio 2779
Ohio Ct. App.2023Background
- Jane Solt was Director of Nursing at Whetstone Gardens; ODH-required self-reported incident (SRI) forms were used to report and trigger administrative investigations.
- Three incidents (Floyd, Groves, Johnson) from 2016 led to criminal indictments for tampering with records and evidence; bench trial held Feb. 28–Mar. 1, 2022.
- For the Floyd incident, Solt submitted a final SRI stating missing money had been found in the resident’s room; contemporaneous emails and a petty-cash entry suggested staff had not found the money and the facility reimbursed the resident.
- For the Groves incident, Solt sought a doctor’s addendum to contest an ODH citation; for Johnson the draft and final SRI summaries differed.
- Trial court convicted Solt only for tampering with records (Floyd incident) and sentenced her to community control; Solt appealed three assignments of error.
- Court of Appeals reversed because trial was a bench trial conducted without a signed written jury-waiver complying with R.C. 2945.05; sufficiency claim addressed (overruled), manifest-weight claim rendered moot.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Solt) | Held |
|---|---|---|---|
| Sufficiency of evidence for tampering with records (R.C. 2913.42) | SRI was falsified to avoid an ODH investigation; ODH relies on SRI forms so false report obtained benefit (avoiding investigation) | No proof of purpose to defraud; falsifying SRI did not benefit Solt personally; inferences were stacked | Overruled — evidence sufficient to permit reasonable factfinder to find falsification and purpose to defraud |
| Manifest-weight challenge | Verdict consistent with record and witness testimony | Trial judge conflated elements and erred in weighing evidence | Moot (reversal for procedural error requires new trial; manifest-weight issue not reached) |
| Validity of bench trial (jury waiver compliance under R.C. 2945.05) | N/A — State concedes lack of signed written waiver requires reversal | Trial court proceeded after verbal waiver in open court; no signed written waiver in record | Sustained — trial court erred by trying case without signed written jury waiver; judgment reversed and remanded |
Key Cases Cited
- State v. Pless, 74 Ohio St.3d 333 (1996) (absence of strict compliance with R.C. 2945.05 deprives the court of authority to try a defendant without a jury)
- Pratts v. Hurley, 102 Ohio St.3d 81 (2004) (distinguishes subject-matter jurisdiction from erroneous exercise of jurisdiction)
- State v. Henderson, 161 Ohio St.3d 285 (2020) (discusses void vs. voidable judgments and jurisdictional defects)
- State v. Harper, 160 Ohio St.3d 480 (2020) (same line of authority on jurisdictional error and judgment validity)
- Girard v. Giordano, 155 Ohio St.3d 470 (2018) (reversal for insufficiency bars retrial under Double Jeopardy)
- State v. Cowans, 87 Ohio St.3d 68 (1999) (rule against "stacking" inferences; allows parallel inferences when supported)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (explains sufficiency standard and appellate review)
- State v. Treesh, 90 Ohio St.3d 460 (2001) (clarifies when a verdict should be reversed for insufficient evidence)