State v. Terry

Citations

• 2025 Ohio 1195

Syllabus

OBSTRUCTING OFFICIAL BUSINESS — AFFIRMATIVE ACT — PURPOSE — TOTALITY OF THE CIRCUMSTANCES — DUE PROCESS — JUDICIAL BIAS — SENTENCING — ALLOCUTION: Defendant's conviction for obstructing official business was supported by sufficient evidence where defendant provided false identifying information to the officer who pulled her over and, despite the officer's repeated orders to step out of the vehicle, defendant persisted in conditioning her compliance upon an explanation from the officer, argued with him, and pulled away when the officer grabbed her arm to remove her from the vehicle. While trial judge questioned the merits of the case with counsel in chambers, the record did not support that the judge harbored a high degree of antagonism or favoritism toward either party or their counsel where the judge permitted the parties to present evidence and arguments and, thereafter, the judge assessed the evidence, applied the legal precedent he deemed fit, and rendered his verdict accordingly. The trial court failed to afford the defendant her right of allocution at sentencing, requiring a new sentencing hearing.