State v. Starr

Summary

The First District Court of Appeals of Ohio reversed Evenna Starr’s conviction for disorderly conduct and discharged her from further prosecution. The court held that the State presented insufficient evidence that Starr’s profane insults directed at a supervising police officer constituted fighting words or recklessly caused inconvenience, annoyance, or alarm likely to provoke a violent response.

Holdings

1. The State failed to prove that Starr's profane insults were fighting words or conduct likely to provoke a violent response because the words were not accompanied by hostile or threatening conduct, Starr was complying with the officer's directive, and she had turned away while crossing the street.
2. The State presented insufficient evidence that Starr's words inconvenienced, annoyed, or alarmed the supervising officer or made him feel threatened.
3. The conviction was unsupported by sufficient evidence; the court sustained Starr's sole assignment of error, reversed the trial court's judgment, and discharged Starr from further prosecution.

Questions Presented

1. Whether the evidence was sufficient to prove that Starr's profane insults were fighting words or conduct likely to provoke a violent response under R.C. 2917.11(A)(3).
2. Whether the evidence was sufficient to prove that Starr recklessly caused inconvenience, annoyance, or alarm to the supervising officer.
3. Whether Starr's conviction was against the manifest weight of the evidence.

Disposition

reversed