State v. Allen
2017 Ohio 6878
| Ohio Ct. App. | 2017Background
- Defendant Matthew S. Allen was indicted for two counts of felonious assault, aggravated robbery, theft, and tampering with evidence based on an altercation at a private quarry in May 2015 in which an off‑duty deputy (Johnson) was punched, rendered unconscious, and disarmed.
- Johnson identified himself as a law enforcement officer, displayed a badge, and attempted to place Allen under arrest for trespassing; a struggle ensued during which Johnson lost his handgun and handcuffs.
- The State introduced several Facebook posts from Allen made the day of and the day before the incident in which Allen and companions described swimming at restricted locations and threatened to assault or “de‑badge” any officer who tried to stop them.
- Allen objected pretrial and at trial to admission of the posts on multiple grounds (relevance, authentication, hearsay, and unfair prejudice); the trial court admitted the posts and reserved the Evid.R. 403 ruling but ultimately overruled his objections.
- The jury convicted Allen of one count of felonious assault, one count of aggravated robbery, and one count of tampering with evidence; acquitted on the second felonious‑assault count. Allen received an aggregate five‑year sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Facebook posts as other‑acts evidence | Posts were relevant to show Allen’s knowledge that the victim was a police officer, intent to assault/rob an officer, and identity of the perpetrator | Posts constituted impermissible other‑acts evidence and were unauthenticated, irrelevant hearsay whose unfair prejudice outweighed probative value | Posts admissible: objection on other‑acts ground forfeited (no plain‑error claim raised); posts relevant to knowledge/intent/identity; even if error, not outcome‑determinative; Evid.R.403 balance not abused |
| Manifest weight challenge to felonious assault (self‑defense) | Allen argued State failed to rebut his claim of self‑defense, so conviction is against manifest weight | State argued no duty to rebut once defendant bears burden of proving self‑defense by preponderance; jury could discredit Allen’s testimony | Conviction not against manifest weight: jury reasonably found Allen created the violent situation, failed to prove bona fide belief of imminent harm, and thus did not meet self‑defense burden |
Key Cases Cited
- State v. Mammone, 139 Ohio St.3d 467 (discussing plain‑error standard in criminal appeals)
- State v. Quarterman, 140 Ohio St.3d 464 (appellate courts need not address plain error not argued on appeal)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest‑weight review)
- State v. Goff, 128 Ohio St.3d 169 (elements defendant must prove to establish self‑defense)
- State v. Brown, 100 Ohio St.3d 51 (other‑acts evidence admissibility not defeated by lack of factual "need")