State v. Walker, 2014 Ohio 3693

Appellant Benita Walker was convicted in Canton Municipal Court of disorderly conduct and resisting arrest.
The charges arose from events at the Stark County Regional Transit Authority bus terminal on August 12, 2013, where Walker yelled profanities toward her boyfriend and refused police directions to leave.
Officer William Watkins warned Walker to stop using profanity and to depart; she refused after multiple warnings.
A crowd formed and Walker resisted arrest, pulling away and not complying with handcuffing efforts.
Trial proceeded to a jury, which found Walker guilty on both counts; she was sentenced to 90 days for resisting arrest (89 suspended, 1 credit) and 30 days for disorderly conduct (29 suspended, 1 credit).
Walker timely appealed, raising three assignments of error challenging sufficiency/weight of the evidence, denial of Crim.R. 29 motions, and jury instruction on lawful arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of the evidence	Walker (Walker) contends convictions are not supported.	Walker contends the evidence fails to prove elements beyond reasonable doubt and the verdict is against the weight of the evidence.	Convictions affirmed; evidence supports each offense.
Denial of motions for acquittal	Walker argues Crim.R. 29 motions should have been granted.	Walker asserts insufficient evidence to sustain convictions; requests acquittal.	No error; denial of Crim.R. 29 affirmed.
Jury instruction on lawful arrest and order of instructions	Walker claims the court failed to instruct that the arrest for disorderly conduct must be lawful before convicting of resisting arrest, and argues ordering issues caused confusion.	Walker asserts there was plain error in failing to require a lawful arrest finding prior to resisting arrest conviction.	No plain error; instruction sufficiency and order did not affect verdict.

Jenks v. State, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of evidence)
State v. Martin, 20 Ohio App.3d 172 (Ohio App.3d 1983) (manifest weight standard)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (death by standard for weight of evidence; admonitions)
State v. Rhines, 2010-Ohio-3117 (Ohio 2010) (evidence supports conviction for turbulent behavior)
State v. Logue, 2000 WL 246485 (Unreported 2000) (course of conduct may form basis for offense)
Columbus v. Fraley, 41 Ohio St.2d 173 (Ohio 1975) (lawful arrest rule; use of force not required)
State v. Sansalone, 71 Ohio App.3d 284 (Ohio App.3d 1991) (reasonable basis for belief of crime; lawful arrest)
State v. Vactor, 2003-Ohio-7195 (Ohio 9th Dist. 2003) (elements of resisting arrest; lawful basis needed)
Pembaur v. City of Cincinnati, 9 Ohio St.3d 136 (Ohio 1984) (resolving legality of police conduct via peaceful means)
Karlan v. City of Cincinnati, 39 Ohio St.2d 107 (Ohio 1974) (speech-based offenses and protected speech limitations)
State v. Frazier, 2011-Ohio-3189 (Ohio 2011) (unprotected coarse language; disturbance context)
State v. Reeder, 18 Ohio St.3d 25 (Ohio 1985) (turbulent behavior definitions)