State v. Stout
2017 Ohio 8258
| Ohio Ct. App. | 2017Background
- On Aug. 1, 2016, motorcycles ridden by Craig Stout and his father were behind cars at a red light on Court & Washington in Athens; a collision occurred as traffic moved.
- Lesa Withers turned left at the light into North Court Street, merged from the left lane into the right lane to park, and was struck on her right front fender/hubcap area.
- Lt. Adam Claar investigated, obtained surveillance video (Lucky’s and city cameras), and testified that stop-frame photographs showed Withers fully in the right lane before Stout’s wheel appeared and that Stout appeared to be accelerating too fast for a congested area.
- Stout testified he moved right to pass a slower car and to prepare for a right turn; he claimed Withers abruptly merged into his path and he swerved toward the parking spot to avoid her, resulting in the collision.
- The municipal court (bench trial) found Stout guilty of violating Athens City Ordinance 7.04.01(A) (Assured Clear Distance Ahead), fined $40 plus costs; Stout appealed claiming the verdict was against the manifest weight of the evidence.
- The Fourth District Court of Appeals affirmed, finding sufficient evidence that Withers was ahead and discernible and that her vehicle did not suddenly appear in Stout’s path, making Stout responsible to avoid the collision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction for violating ACDA (assured clear distance ahead) is against the manifest weight of the evidence | State: video, photos, and officer testimony show Withers was fully in right lane ahead of Stout and discernible; Stout was operating too fast and failed to avoid collision | Stout: Withers suddenly merged into his lane; he lawfully moved right and could not have stopped or avoided the abrupt maneuver | Affirmed: the trier of fact reasonably credited State’s evidence; Withers was ahead and did not suddenly appear, so Stout failed to maintain assured clear distance |
Key Cases Cited
- Issa v. State, 93 Ohio St.3d 49 (credibility is for the trier of fact)
- DeHass v. State, 10 Ohio St.2d 230 (establishing deference to fact-finder on witness credibility)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (trier of fact best observes witnesses for credibility determinations)
- Pond v. Leslein, 72 Ohio St.3d 50 (elements for ACDA/assured clear distance ahead)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (standard for manifest-weight review)
- Lindsey v. State, 87 Ohio St.3d 479 (manifest-weight principles)
- Martin v. Ohio, 20 Ohio App.3d 172 (exceptional-case language for reversing on manifest weight)
- State v. Cooper, 170 Ohio App.3d 418 (prosecution must present substantial evidence to support conviction)