State v. Black, Unpublished Decision (3-28-2000)
State v. Black, Unpublished Decision (3-28-2000)
Opinion of the Court
OPINION
Appellant Terry Black appeals the decision of the Licking County Municipal Court finding him guilty of resisting arrest and disorderly conduct. The relevant facts leading to this appeal are as follows. On April 6, 1999, appellant telephoned his caseworker at the Moundbuilders Guidance Center in Newark, Ohio, to advise her that he was depressed and contemplating suicide. At the time, appellant had stopped at the Buckeye Lake Truck Stop, and placed the call from a telephone inside the store and restaurant. The Buckeye Lake Police Department dispatched two officers to the truck stop to investigate the call. Upon arrival, the officers observed the appellant standing at the telephone and asked him if he was indeed Terry Black. Appellant denied this, at which time the officers asked appellant to produce identification. Appellant responded by quickly "flashing" his wallet, causing Buckeye Lake Officer Nicodem to again request identification. At that point, appellant commenced arguing and loudly stated, "this is bullshit," a term he thereafter used numerous times. Officer Nicodem began directing appellant to step outside because of the disturbance he was causing. Appellant proceeded to move away from the officers and simultaneously reached into an interior coat pocket. Fearing production of a weapon by appellant, Officer Nicodem attempted unsuccessfully to restrain him. Appellant reached the outside of the truck stop, where the officers again attempted to restrain him. Nicodem's partner, Officer Edwards, advised appellant that he was under arrest, but the restraining attempts continued until the arrival of a third officer who assisted in finally placing the appellant in handcuffs. Appellant was charged with disorderly conduct, resisting arrest, and obstructing official business. The matter was heard via a two-part bench trial on June 30, 1999 and August 24, 1999. Following the presentation of the state's case, appellant moved for acquittal pursuant to Crim.R. 29. The court granted the dismissal of the obstruction charge, but appellant was convicted of disorderly conduct and resisting arrest upon completion of the evidence. Appellant timely appealed and raises the following two assignments of error:I. THE COURT ERRED WHEN IT FAILED TO GRANT THE APPELLANT'S MOTION PURSUANT TO CRIMINAL RULE 29(A) FOR A VERDICT OF ACQUITTAL AT THE CLOSE OF THE STATE'S CASE AS TO THE CHARGES OF RESISTING ARREST AND DISORDERLY CONDUCT.
II. THE APPELLANT'S CONVICTION OF RESISTING ARREST AND DISORDERLY CONDUCT ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
The statute in question, R.C.
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(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
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Appellant argues that when the officers first approached him, he did not present himself as someone in distress, and only became distressed after the officers "badgered" him by questioning and asking for identification. He cites Terry v. Ohio (1968),
The court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.
State v. Martin (1983),
Our review of the record indicates that appellant admitted to "raising his voice" after being approached by the officers, and to putting up a fight after attempting to run out of the restaurant. Tr. of August 24, 1999, at 21-24. Officer Nicodem recalled that appellant was loud enough to draw the attention of persons in the vicinity of the cash register, and it was undisputed that appellant reached into his left breast pocket during the episode, although ultimately not to obtain a weapon as first contemplated by the officers. We are unable to hold upon review that the trial court's decision created a manifest miscarriage of justice so as to warrant reversal. The sole case cited by appellant, in regard to manifest weight, is State v. Venham (1994),
For the reasons stated in the foregoing opinion, the decision of the Licking County Municipal Court, Licking County, Ohio, is hereby affirmed.
By: WISE, J., GWIN, P.J., and EDWARDS, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.