State v. Wright
2014 Ohio 985
Ohio Ct. App.2014Background
- Wright was convicted in Butler County Court of Common Pleas of aggravated vehicular homicide (R.C. 2903.06(A)(2)) after a bench trial.
- She drove her mother's vehicle without permission and with a suspended license.
- She parked on Michelle Drive near the bus stop where a school bus would stop to pick up children.
- While the bus was stopped with signals activated, Wright retrieved her daughter, then drove away and struck Long's youngest child, causing a fatal cranial injury.
- An October 19, 2011 indictment charged one count; trial began June 27, 2012; the court sentenced Wright to four years; she appeals raising two assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove recklessness | State argues evidence supported recklessness | Wright contends evidence failed to prove recklessness beyond reasonable doubt | Not supported; evidence sufficient to prove recklessness |
| Whether the conviction was against the manifest weight of the evidence | State asserts credibility and corroboration support weight of evidence | Wright contends weight favors acquittal | Not against the manifest weight; conviction affirmed |
Key Cases Cited
- Thompkins v. State, ? Ohio St.3d 380 (1997-Ohio-52) (distinguishes sufficiency vs. weight of evidence)
- State v. Saunders, 2013-Ohio-2052 (12th Dist. Fayette No. CA2012-03-006) (defines sufficiency standard for reasonable doubt)
- State v. Stringer, 2013-Ohio-988 (12th Dist. Butler No. CA2012-04-095) (weighs credibility and conflicts on weight review)
- State v. Jones, 2013-Ohio-150 (12th Dist. Butler No. CA2012-03-049) (manifest weight review in bench trials)
- State v. Allison, 2012-Ohio-1126 (12th Dist. Warren No. CA2011-03-025) (overturns weight review only in extraordinary cases)
- State v. Gorham, 2007-Ohio-6028 (12th Dist. Butler No. CA2006-08-195) (affirming recklessness finding when evidence supports)
- State v. Dipman, 2007-Ohio-2143 (6th Dist. Lucas No. L-05-1327) (impeachment evidence credibility considered by fact finder)
- State v. Wolffram, 1989 WL (not official reporter) (12th Dist. Butler) (zone-of-safety concept in school-bus context)