City of Cleveland Heights v. Lewis

2011 Ohio 2673, 129 Ohio St. 3d 389
CourtOhio Supreme Court
DecidedJune 8, 2011
Docket2010-1203
StatusPublished
Cited by102 cases

This text of 2011 Ohio 2673 (City of Cleveland Heights v. Lewis) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Cleveland Heights v. Lewis, 2011 Ohio 2673, 129 Ohio St. 3d 389 (Ohio 2011).

Opinions

O’Donnell, J.

{¶ 1} The Eighth District Court of Appeals certified that a conflict exists between its decision in this case and decisions of the Second and Seventh District Courts of Appeals on the following question: “Whether an appeal is rendered moot when a misdemeanor defendant serves or satisfies his sentence after unsuccessfully moving for a stay of execution in the trial court, but without seeking a stay of execution in the appellate court.”

{¶ 2} The Second District Court of Appeals in Dayton v. Huber, Montgomery App. No. 20425, 2004-Ohio-7249, 2004 WL 3561217, and the Seventh District Court of Appeals in Carroll Cty. Bur. of Support v. Brill, Carroll App. No. 05 CA 818, 2005-Ohio-6788, 2005 WL 3489763, concluded that when a trial court denies a stay of execution of sentence, an appellant must also seek a stay in the appellate [390]*390court to avoid a determination that the appeal is moot upon completion of the sentence. In its conflicting decision in this case, the Eighth District Court of Appeals held that an appellant who has been denied a stay of execution in the trial court is not required to seek an additional stay in the appellate court to prevent the matter from becoming moot upon completion of the sentence pending appeal.

{¶ 3} Strong evidence of intent to challenge the criminal charge exists in the instant case because appellee, Warren Lewis, elected to be tried on the matter in the trial court, and the trial resulted in a conviction on only one count and a sentence consisting of a fine, court costs, a suspended three-day jail term, and a period of inactive probation. Thereafter, he sought a stay of execution of sentence to avoid the appeal becoming moot, but the trial court denied the stay. Lewis then paid the fine and costs and filed a notice of appeal, but did not seek a stay from the appellate court. These circumstances demonstrate that Lewis neither acquiesced in the judgment nor abandoned his right to appeal and thus did not voluntarily complete the sentence pending appeal. Accordingly, Lewis had a substantial interest in the appeal, and the appellate court had subject matter to decide, and the appeal did not become moot.

{¶ 4} Accordingly, we answer the certified question in the negative and affirm the judgment of the Eighth District Court of Appeals.

Facts and Procedural History

{¶ 5} On June 21, 2008, Officer Duane Clayborn of the Cleveland Heights Police Department responded to a fight involving three female teenagers. After questioning each to determine who had started the fight, he ultimately decided to charge all three with disorderly conduct because of hostile responses he received from parents of the girls.

{¶ 6} When Warren Lewis arrived home from work, he noticed police cruisers parked in front of his house. His wife told him that his daughter had been attacked by two girls, and he saw the police talking to their parents down the street. Lewis and his wife approached the officers with a copy of a police report showing that his daughter had been attacked several days earlier by these same girls; Officer Clayborn, however, ordered Lewis and his wife to return to their home and told them that his daughter would also be charged in the incident.

{¶ 7} When Officer Clayborn approached Lewis for the information needed to file the charge against his daughter, Lewis refused to talk to him because, in his view, the officer had treated his daughter as an assailant rather than a victim. The officer then approached Lewis’s wife, who had started to leave for work. According to Officer Clayborn, Lewis told his wife not to provide any information to him, but Lewis maintained that he told his wife only that the officer could not [391]*391detain her. Officer Clayborn returned to Lewis and demanded his daughter’s address, but Lewis refused to cooperate. Officer Clayborn then arrested Lewis and charged him with obstructing official business by “refusing] to give information on his daughter who was being charged” and for resisting arrest by allegedly struggling with the officer as he attempted to place Lewis in the patrol car.

{¶ 8} At a bench trial, the court acquitted Lewis of resisting arrest but convicted him of obstructing official business, and it sentenced him to a suspended term of three days in jail, placed him on inactive probation for six months, and imposed a $100 fine and court costs, which he paid.

{¶ 9} The next day, Lewis moved to stay execution of his sentence, stating that he intended to appeal the finding of guilt because it could affect his employment and arguing that “without a stay, or at least a request for a stay, the Court of Appeals could find the appeal moot.” The trial court nonetheless denied the stay.

{¶ 10} Lewis then appealed to the Eighth District Court of Appeals, but he did not seek a stay of execution of his sentence from the appellate court. Because he had paid his fine and costs, and due to the inactive status of his probation, he completed the sentence during the pendency of his appeal. Although neither Lewis nor the city of Cleveland Heights addressed whether the expiration of the term of probation rendered the appeal moot, the court of appeals raised that issue at oral argument. Cleveland Hts. v. Lewis, 187 Ohio App.3d 786, 2010-Ohio-2208, 933 N.E.2d 1146, ¶ 7-8.

{¶ 11} The appellate court sua sponte convened an en banc conference to consider the issue, and in its opinion, the court noted its prior holding that “ ‘ “[ujnless one convicted of a misdemeanor seeks to stay the sentence imposed pending appeal or otherwise involuntarily serves or satisfies it, the case will be dismissed as moot unless the defendant can demonstrate a particular civil disability or loss of civil rights specific to him arising from the conviction.” ’ ” Id. at ¶ 10, quoting Oakwood v. Pfanner, Cuyahoga App. No. 90664, 2009-Ohio-464, 2009 WL 270500, ¶ 4, quoting Cleveland v. Martin, Cuyahoga App. No. 79896, 2002 WL 568302, *3. The Eighth District determined that although Lewis had not demonstrated a collateral consequence stemming from the conviction, he had not voluntarily served his sentence, because he had sought a stay in the trial court. As a result, the appellate court declined to require Lewis to seek an additional stay in the court of appeals in order to preserve the justiciability of his appeal.

{¶ 12} Regarding the merits of the appeal, the Eighth District reversed Lewis’s conviction for obstructing official business because it was not supported by the evidence, in that Lewis had not taken affirmative action to impede the investigation and Officer Clayborn admitted that Lewis’s refusal to answer his questions had not prevented him from performing his duties. Id. at ¶ 37-39.

[392]*392{¶ 13} The appellate court then certified that its decision conflicted with decisions from the Second District in Dayton v. Huber, Montgomery App. No. 20425, 2004-Ohio-7249, 2004 WL 3561217, and from the Seventh District in Carroll Cty. Bur. of Support v. Brill, Carroll App. No. 05 CA 818, 2005-Ohio-6788, 2005 WL 3489763. We agreed to resolve the conflict.

Positions Regarding Mootness

{¶ 14} Cleveland Heights asserts that a misdemeanant voluntarily serves a sentence by not seeking a stay of execution in both the trial court and the appellate court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Maurent v. Spatny
2025 Ohio 5002 (Ohio Supreme Court, 2025)
State v. Chambers
2025 Ohio 4737 (Ohio Court of Appeals, 2025)
State v. Kanniah
2025 Ohio 2480 (Ohio Court of Appeals, 2025)
State v. Alanani
2024 Ohio 5660 (Ohio Court of Appeals, 2024)
State v. Simpson
2024 Ohio 2865 (Ohio Court of Appeals, 2024)
State v. Coffman
2024 Ohio 1182 (Ohio Court of Appeals, 2024)
State v. Guleff
2024 Ohio 748 (Ohio Court of Appeals, 2024)
State v. Ghast
2024 Ohio 697 (Ohio Court of Appeals, 2024)
State v. James
2024 Ohio 621 (Ohio Court of Appeals, 2024)
State v. Lewis
2023 Ohio 4651 (Ohio Court of Appeals, 2023)
State v. Slouffman
2023 Ohio 4055 (Ohio Court of Appeals, 2023)
State v. Carpenter
2023 Ohio 4062 (Ohio Court of Appeals, 2023)
State v. Simmons
2023 Ohio 3659 (Ohio Court of Appeals, 2023)
State v. Gregory
2023 Ohio 1700 (Ohio Court of Appeals, 2023)
State v. Ekouevi
2023 Ohio 703 (Ohio Court of Appeals, 2023)
State v. Emery
2023 Ohio 709 (Ohio Court of Appeals, 2023)
State v. Williams
2023 Ohio 456 (Ohio Court of Appeals, 2023)
State v. Wilk
2023 Ohio 112 (Ohio Court of Appeals, 2023)
State v. A.S.
2022 Ohio 3833 (Ohio Court of Appeals, 2022)
State v. Morgan
2022 Ohio 2932 (Ohio Court of Appeals, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
2011 Ohio 2673, 129 Ohio St. 3d 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cleveland-heights-v-lewis-ohio-2011.