State v. Waller
2011 Ohio 2106
Ohio Ct. App.2011Background
- Defendant Michael Waller was charged with harassment with a bodily fluid under R.C. 2921.38(A).
- Incident occurred March 8, 2009, in SOCF segregation block; Waller threw fecal matter at officers, injuring Officer Anderson and evading Officer McCoy.
- A grand jury indicted Waller; he pled not guilty, later seeking not guilty by reason of insanity.
- The court ordered competency and sanity evaluations; Dr. Christopher Ray concluded Waller had a severe mental illness but knew the wrongfulness of his acts.
- On February 2, 2010 the court found Waller knew the wrongfulness of his acts and was competent; a jury trial followed on March 8, 2010, resulting in a guilty verdict and a 12-month prison sentence.
- Waller appeals asserting the verdict was against the manifest weight because he should have been found insane; the appellate court disagrees and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was against the manifest weight given insanity evidence | Waller argues insanity should negate guilt | Waller contends insufficient weight of evidence for sanity | No; insanity not proven, verdict affirmed. |
Key Cases Cited
- State v. Hancock, 108 Ohio St.3d 57 (2006) (insanity is an affirmative defense the defendant must prove by preponderance of the evidence)
- State v. Taylor, 98 Ohio St.3d 27 (2002) (defendant must prove insanity; jury instruction required if evidence presented)
- State v. Armstrong, 152 Ohio App.3d 579 (2003) (insanity must be considered and proper instruction given)