State v. Diallo

Citations

• 2026 Ohio 2434

Syllabus

VEHICULAR ASSAULT — HEEDLESS INDIFFERENCE — RECKLESS — SUFFICIENCY — MANIFEST WEIGHT — MOTION TO DISMISS – DOUBLE JEOPARDY: Defendant's conviction for vehicular assault was supported by sufficient evidence and not contrary to the manifest weight of the evidence where video footage depicted defendant driving straight ahead for more than 20 seconds and hitting a construction worker, who was wearing a reflective vest and carrying a large \stop\ sign without regard for her safety, thereby exhibiting heedless indifference to the consequences of his action and substantially disregarding the risk that she would be seriously injured. The trial court did not err in denying the defendant's motion to dismiss on double jeopardy grounds, where vehicular assault requires proof of serious physical harm and the local traffic ordinance does not.