State v. Staley

Citations

• 2021 Ohio 3086

Syllabus

CRIMINAL TRESPASS – R.C. 2911.21(A)(1) – DISORDERLY CONDUCT – R.C. 2917.11(A)(2) – RESISTING ARREST – R.C. 2921.33(A) – EVIDENCE – PROSECUTORIAL MISCONDUCT – BRADY V. MARYLAND – EXCULPATORY EVIDENCE – NEW TRIAL – CRIM.R. 33(A)(2): Defendant's conviction for criminal trespass was based on sufficient evidence where the record demonstrated that defendant was asked by police to leave the premises, a public park, several times and that the officer had the authority to revoke defendant's privilege to remain in the park. Based on the totality of defendant's conduct, defendant's use of \fighting words\ was sufficient to support her conviction for disorderly conduct and body camera footage showing defendant's use of the \fighting words\ in a public park surrounded by alarmed children and other park patrons demonstrated that her conviction was not against the manifest weight of the evidence. Defendant's conviction for resisting arrest was supported by sufficient evidence and was not against the manifest weight of the evidence where there was a lawful basis for her arrest: defendant's conduct amounted to two arrestable offenses, criminal trespass and disorderly conduct, and the police officer's use of force after defendant's resistance did not demonstrate the affirmative defense of excessive force. The trial court did not err in dismissing defendant's motion for a new trial based on alleged prosecutorial misconduct where the motion was untimely filed. Defendant could not demonstrate prosecutorial misconduct for withholding materially exculpatory evidence where defendant failed to show that evidence of prior citizen complaints filed against a police officer was materially exculpatory.