2023 Ohio 629
Ohio Ct. App.2023Background
- Richard Tatum was charged with felony failure to comply with an officer's signal (R.C. §2921.331(C)(5)(a)(ii)) after a high‑speed pursuit; the initial complaint did not allege a substantial risk of serious physical harm.
- At first appearance the magistrate found probable cause only for a misdemeanor failure to comply; Tatum offered to plead guilty to the misdemeanor but the magistrate declined to accept the plea.
- A grand jury later indicted Tatum on the felony failure to comply charge; DWI count was dismissed.
- Troopers testified Tatum was paced at over 130 mph for ~16 miles, would not stop despite lights/siren, Stop Sticks were deployed to stop the vehicle, and Tatum was later found hiding in a dumpster and admitted he drove even if it put lives at risk.
- A jury convicted Tatum of third‑degree felony failure to comply; the court sentenced him to 24 months’ imprisonment. Appellate counsel filed an Anders brief; Tatum did not file a pro se brief.
- The court reviewed four proposed assignments of error (refusal to accept plea, ineffective assistance for not moving to suppress, sufficiency/weight of evidence, sentencing) and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument (Tatum) | Held |
|---|---|---|---|
| 1. Magistrate’s refusal to accept guilty plea at initial hearing | State: Magistrate permissibly refused to accept a petty‑offense plea under Crim.R. 11(E) | Tatum: Magistrate abused discretion by refusing to accept his guilty plea at bond hearing | Court: No abuse of discretion; charge was a petty offense, magistrate may refuse plea; Assignment overruled |
| 2. Ineffective assistance for failure to move to suppress | State: No valid basis to suppress; pacing/speed stop lawful so counsel not ineffective | Tatum: Trial counsel should have moved to suppress evidence from the stop (pacing speed issue) | Court: No deficiency — record gave no viable suppression basis; counsel not ineffective |
| 3. Sufficiency/manifest weight of evidence | State: Evidence (lights/siren, >130 mph, Stop Sticks, admission, hiding) sufficient to prove felony element (substantial risk of serious physical harm) | Tatum: Evidence insufficient and verdict against manifest weight | Court: Evidence legally sufficient and not against manifest weight; Assignment overruled |
| 4. Sentencing error | State: Sentence supported by record and sentencing statutes | Tatum: Trial court erred in sentencing | Court: Sentence supported by record and not contrary to law under R.C. §2953.08(G)(2); Assignment overruled |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to withdraw where appeal is frivolous)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance standard)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio adoption of Strickland framework)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (failure to file suppression motion not per se ineffective)
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (same principle applied in Ohio)
- Whren v. United States, 517 U.S. 806 (1996) (traffic stops lawful even if pretextual)
- Terry v. Ohio, 392 U.S. 1 (1968) (constitutional protection against unreasonable searches and seizures)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinction between sufficiency and manifest weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard of appellate review for felony sentences)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)
- State v. Drummond, 111 Ohio St.3d 14 (2006) (no ineffective assistance where suppression motion would have been futile)