Opinion

State v. Richardson (Slip Opinion)

  • 150 Ohio St. 3d 554
  • 2016 Ohio 8448
Court
Ohio Supreme Court
Filed
Dec 29, 2016
Status
Published
Author
Lanzinger
On the bench
French, O'Connor, O'Donnell, Kennedy, Lanzinger, O'Neill, Pfeifer
Cited by
213 cases

concluding that the testimony of an experienced police officer that a defendant appears to be under the influence of a drug of abuse at the time of arrest, paired with additional evidence that the defendant had ingested a drug of abuse, constitutes sufficient evidence to support a conviction for operating a vehicle while under the influence of a drug of abuse

How later courts described this case

  • concluding that the testimony of an experienced police officer that a defendant appears to be under the influence of a drug of abuse at the time of arrest, paired with additional evidence that the defendant had ingested a drug of abuse, constitutes sufficient evidence to support a conviction for operating a vehicle while under the influence of a drug of abuse

Written by the judges who cited it.

The opinion

Lanzinger, J.,

dissenting.

{¶ 22} Based on the competing views of the evidence presented in the majority and dissenting opinions, it is clear that the issues raised in the certified conflict and the state’s proposition of law are obscured by the facts and that this case is not an optimal vehicle for making a statement of law on the questions before us. I respectfully dissent and would dismiss this case as having been improvidently accepted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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