Court of Appeals of Ohio, Eleventh District, Ashtabula
Criminal Appeal from the Ashtabula Municipal Court, Case No.
2017 TRD 04031.
Reversed and remanded.
Michael Franklin, Ashtabula City Solicitor, and Lori B.
Lamer, Assistant Ashtabula City Solicitor, Ashtabula
Municipal Court, (For Plaintiff-Appellee).
H. Allenbaugh, pro se, (Defendant-Appellant).
On December 1, 2017, Mark H. Allenbaugh was issued a traffic
ticket, charging him with a violation of R.C.
4511.21(B)(1)(a) ("[i]t is prima-facie lawful * * * for
the operator of a motor vehicle * * * to operate the same at
a speed not exceeding * * * [t]wenty miles per hour in school
zones during school recess and while children are going to or
leaving school during the opening or closing hours").
Allenbaugh was arraigned the same day and entered a plea of
On February 23, 2018, a pre-trial hearing was held at which
Allenbaugh asked "that the State * * * identify any
expert testimony it intends to introduce into evidence."
The State responded that "the only witness that the
State would call would be Trooper Balcomb." A status
hearing was scheduled for June 15 and trial was scheduled for
June 21, 2018.
On May 4, 2018, Allenbaugh filed a Motion in limine
to Exclude All Evidence Pertaining to Laser Speed Detection
Device. In part, Allenbaugh argued: "The State has not
identified any expert it intends to call to establish the
accuracy and scientific reliability of the [LTI 20/20
TruSpeed Laser Speed Gun] thereby precluding its
admissibility or any testimony based thereon. Should the
State timely identify such an expert, Mr. Allenbaugh requests
a Daubert hearing on said expert."
On May 25, 2018, the State submitted a Response which
contained the following: "[T]he State has just learned
that an expert is available to provide testimony on the
subject speed measuring device but does not have a name,
address or CV to provide to the Court or Defendant. The State
anticipates supplementing its discovery as soon as this
information is provided."
On May 29, 2018, the municipal court denied the Motion in
On June 1, 2018, Allenbaugh filed a Motion in limine
to Preclude Any Expert Testimony on the grounds that
"the State neither has named any expert witness, nor
provided Mr. Allenbaugh with any written report of any
potential expert witness as required by the Rules of Criminal
On June 4, 2018, the State filed a Motion for Continuance of
the June 21 trial date on the grounds that, inter alia,
"the expert who is expected to testify in this matter
will be out of the country on that date and thus is
unavailable" and "the State has yet to receive the
information from the manufacturer regarding the expert's
name and CV so that it may be furnished to the Defendant in
On the same date, the municipal court granted the State's
Motion, rescheduled trial for July 19, 2018, and ordered the
State to produce the expert's name and CV to Allenbaugh
by the June 15 status hearing. The court denied
Allenbaugh's Motion in limine as moot as it was
"granting the State's request for a continuance of
On June 15, 2018, the State filed a Supplement to Discovery,
advising Allenbaugh that it anticipated calling Wyatt
Kilgallin as a witness at trial and providing him a copy of
Kilgallin's resume. The status hearing was continued sua
sponte by the municipal court.
On June 29, 2018, Allenbaugh filed a Third Motion in
limine to Exclude Any Expert Testimony on the grounds
that "the State has not provided Mr. Allenbaugh with any
written report of any potential expert witness as
required by the Rules of Criminal Procedure."
On July 5, 2018, a hearing was held on the Third Motion
On July 6, 2018, the municipal court issued its ruling, which
denied the Motion:
In the instant case, any report submitted by the expert would
not apply to the specific facts of the Defendant's case,
or the ultimate issue as to guilt or innocence, but whether
or not the LTI 20/20 TruSpeed Laser is a scientifically
reliable measure of speed in general. The Defendant, by his
own admission, was well aware of the fact that an expert was
needed in order for the Court to take judicial notice of the
scientific reliability of the LTI 20/20 TruSpeed Laser.
Defendant is not surprised, nor is he prejudiced, as
Defendant is well aware that the State's expert opinion
will be along the lines that the LTI 20/20 TruSpeed Laser is
a scientifically reliable measure of speed. Defendant will
have the opportunity to challenge the expert's opinion
prior to trial, through cross-examination and presentation of
his own expert if he so chooses.
court scheduled a "Judicial Notice" hearing for
July 19, 2018, "with a trial to follow."
On July 12, 2018, Allenbaugh filed a Motion for Continuance
of trial on the grounds that an essential fact witness for
the defense was unavailable on ...