State v. Collins

I concur with the majority as to the lack of prosecutorial misconduct and that the evidence was more than sufficient to prove recklessness. However, I respectfully dissent with its conclusion that recklessness is the necessary mens rea to establish a violation of R.C. 2919.21(B).

The majority declines to impose strict liability in R.C. 2919.21(B) on the basis that “[tjhere are no words in R.C. 2919.21(B) that do so.” The majority relies upon R.C. 2901.21(B), which provides that where a statute does not specify the degree of culpability but “plainly indicates a purpose to impose strict criminal…