State v. Toudle
2013 Ohio 1548
Ohio Ct. App.2013Background
- Toudle was indicted in CR-558515 on four counts of deception to obtain a dangerous drug; the charges arose from Percocet prescriptions obtained by deception from multiple doctors.
- An anonymous tip led to an OARRS (prescription database) check showing four prior violations of obtaining a second prescription before the first had expired.
- At trial the State presented testimony about OARRS data and the doctors’ prescriptions; the jury acquitted one count and convicted on two others (Dollison and Baishnab) with concurrent 12-month sentences.
- The court denied Crim.R. 29 motions; sentencing was 12 months on each count, to be served concurrently.
- Toudle appealed, arguing evidentiary issues, sufficiency/weight of the evidence, and ineffective assistance; the appellate panel affirmed the convictions.
- There is a dissent concluding the state failed to prove deception beyond a reasonable doubt and would vacate the convictions and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OARRS report testimony was admissible evidence | State argues admissible under public/official records rule | OARRS report not authored by testifying witness; improper under Evid.R. 803(6) | Admissible under Evid.R. 803(8) as an official record; no plain error |
| Sufficiency of the evidence to prove deception | Jury could infer deception from withheld information and conflicting histories | No clear deceptive act; physicians' failures to question undermine proof | Sufficient evidence; convictions not against weight of the evidence |
| Whether the evidence was against the manifest weight of the evidence | Weight of testimony supports deception findings | Credibility issues and medical providers' failures undermine findings | Not against the manifest weight; convictions affirmed |
| Ineffective assistance of counsel based on failure to object to testimony | Waiver issue; plain error review applies | Counsel’s failure to object allowed potentially inadmissible testimony | Dissent concludes per se error; majority finds no merit given plain-error resolution |
Key Cases Cited
- State v. Graham, 58 Ohio St.2d 350 (Ohio 1979) (abuse of discretion standard for evidentiary rulings; plain error not required)
- State v. Williams, 51 Ohio St.3d 112 (Ohio 1997) (plain error review; waiver of objection)
- State v. Bowden, 8th Dist. No. 92266 (2010-Ohio-3598) (sufficiency review framework for criminal convictions)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for determining substantial evidence beyond a reasonable doubt)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility assessment and witness evaluation)
- State v. Schaufele, 9th Dist. No. 10CA0137-M, 2012-Ohio-642 (Ohio 2012) (deception proof requirements; insufficient evidence where no disclosure by defendant)
- State v. Davis, 116 Ohio St.3d 404 (Ohio 2008) (foundational authentication standards for records; 803(6) vs 803(8) analysis)
- Cincinnati Ins. Co. v. Volkswagen of Am., Inc., 41 Ohio App.3d 239 (Ohio App.3d 1987) (official records/administrative data foundations for admissibility)
- State v. McClain, 12th Dist. No. CA2005-09-102, 2006-Ohio-6708 (Ohio 2006) (official records exception scope and foundation)