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State. Todd
2017 Ohio 4355
| Ohio Ct. App. | 2017
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Background

  • Defendant Thomas J. Todd was indicted on multiple counts arising from sexual-contact allegations by A.D., a minor; after some counts were dismissed, a jury convicted Todd of four counts of Gross Sexual Imposition (R.C. 2907.05(A)(4)) and one count of Disseminating Matter Harmful to Juveniles (R.C. 2907.31(A)(1),(F)).
  • Allegations spanned three time periods: Summer 2015, Fall 2015, and Spring 2016; a bill of particulars mirrored those timeframes rather than specific dates.
  • The victim testified to repeated inappropriate touching, exposure to pornography, threats involving a rifle to coerce compliance, and several specific incidents corresponding to the charged counts.
  • Child-services interviews (one recorded and played at trial) and anatomical drawings corroborated many of the victim’s disclosures; a second interview (unrecorded due to a technical failure) added further details.
  • The jury acquitted Todd on seven other counts, demonstrating selective acceptance of the victim’s testimony; the trial court sentenced Todd to an aggregate 12-year prison term.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether convictions were against the manifest weight of the evidence State: Victim’s testimony and corroborating interviews/drawings were credible and supported convictions Todd: Victim’s testimony was vague/inconsistent and insufficient to sustain convictions Court: Jury was the factfinder, reasonably credited the victim for convicted counts; convictions not against manifest weight; assignment overruled
Whether broad timeframes in indictment/bill of particulars denied due process State: Precise dates not required for child-abuse cases; timeframes and particulars were sufficient to give notice Todd: Wide date ranges prejudiced defense preparation and fairness Court: Timeframes tied to locations/events and bill of particulars described specific acts; defendant received adequate notice and opportunity to defend; assignment overruled

Key Cases Cited

  • State v. Thompkins, 78 Ohio St.3d 380 (establishes manifest-weight standard and appellate role as "thirteenth juror")
  • State v. DeHass, 10 Ohio St.2d 230 (credibility and weight of testimony are for the trier of fact)
  • State v. Antill, 176 Ohio St. 61 (a factfinder may believe all, part, or none of a witness’s testimony)
  • State v. Awan, 22 Ohio St.3d 120 (appellate courts should not substitute their credibility determinations for those of the trier of fact)
Read the full case

Case Details

Case Name: State. Todd
Court Name: Ohio Court of Appeals
Date Published: Jun 19, 2017
Citation: 2017 Ohio 4355
Docket Number: 6-16-11
Court Abbreviation: Ohio Ct. App.