State v. Tyner
2014 Ohio 2809
Ohio Ct. App.2014Background
- Tyner was convicted in Montgomery County for aggravated vehicular homicide, aggravated vehicular assault, and evidence tampering following a fatal crash while driving on a suspended license with BAC .182.
- At the scene police detected alcohol odor; Tyner admitted drinking three beers, performed field sobriety tests, and was arrested after failing them; blood was drawn at hospital pursuant to a warrant.
- Tyner moved to suppress field-sobriety and blood-test results; suppression motion was denied; trial proceeded and a jury convicted Tyner; trial court imposed a 12-year aggregate sentence after merging allied offenses.
- Tyner argues the field-sobriety tests were not in substantial compliance with NHTSA standards and the blood collection did not substantially comply with Ohio Admin. Code 3701-53-05.
- The appellate court held substantial compliance for field sobriety tests; it addressed the blood-collection challenges and concluded Tyner waived certain arguments; the court remanded for re-sentencing to address mandatory consecutive-sentencing findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of field-sobriety and blood-test evidence | Tyner contends not substantial compliance with NHTSA and OAC requirements | State contends substantial compliance and waiver of some arguments | First assignment of error overruled; evidence admissible |
| Consecutive-sentencing findings absent | Tyner argues proper RC 2929.14(C)(4) findings were not made | State concedes error and requests remand | Second assignment of error sustained; remand for proper findings on consecutive sentencing |
Key Cases Cited
- State v. Davis, 2009-Ohio-3759 (2d Dist. Clark 2009) (substantial compliance standard for field sobriety tests)
- State v. Shindler, 70 Ohio St.3d 54, 636 N.E.2d 319 (1994) (Ohio Supreme Court 1994) (notice and specificity required in suppression motions under Crim.R. 47)
- Xenia v. Wallace, 37 Ohio St.3d 216, 524 N.E.2d 889 (1988) (Ohio Supreme Court 1988) (misjoinder of issues; notice to state on suppression scope)