State v. Wallace, 2023 Ohio 1525

Oct. 8, 2021 indictment charging Wallace with three counts of illegal open burning of solid waste (R.C. 3734.03) and three counts of causing air pollution (R.C. 3734.05(G)) for fires on Sept. 30, 2020; Feb. 15, 2021; and May 6, 2021.
State presented firefighters, sheriff deputies, an EPA investigator, trail-camera footage, and photographs documenting fires and burned items; Wallace did not testify or present witnesses.
On-scene statements: Wallace told officers he was "cleaning up" by burning (Sept. 30) and said he started a Feb. 15 fire to keep warm after his truck got stuck; officers observed many non-wood items burning.
Burned materials included processed wood, plywood, plastics, nylon bags, household garbage, tires, aerosol cans, carpet, a TV, and cardboard—classified as "solid waste."
Jury convicted Wallace of open burning and air-pollution counts for Sept. 30 and Feb. 15, acquitted on May 6; trial court merged air-pollution counts and imposed concurrent two-year prison terms.
Wallace appealed, arguing convictions were not supported by sufficient evidence and were against the manifest weight of the evidence.

Issue	State's Argument	Wallace's Argument	Held
Sufficiency: whether evidence proved illegal open burning beyond a reasonable doubt	Admissions at scenes, photos, trail-cam showing deliveries, and officers' observations established disposal of solid waste and recklessness	No direct eyewitness saw Wallace start or place waste into the fires; convictions rely only on his proximity	Affirmed — circumstantial evidence plus admissions sufficed to prove elements; rational juror could convict
Manifest weight: whether verdicts were against the manifest weight of the evidence	Witness credibility, photographic and video evidence supported convictions; jurors reasonably accepted witnesses' accounts	Verdicts rested on uncorroborated officer testimony and proximity — should be overturned	Affirmed — appellate court found jury did not lose its way; no miscarriage of justice

State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes legal sufficiency review from manifest-weight review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (defines sufficiency standard: whether reasonable juror could find guilt beyond a reasonable doubt)
State v. Nicely, 39 Ohio St.3d 147 (1988) (establishes that convictions may rest solely on circumstantial evidence)
State v. Kirkland, 140 Ohio St.3d 73 (2014) (appellate courts cannot consider facts not in the trial record)