2016 Ohio 618
Ohio Ct. App.2016Background
- Six-month-old Avery was brought to the ER on Dec. 17, 2012 with severe head trauma (skull fractures, Battle’s sign, dilated pupils, hypothermia) and died Dec. 18 after transfer; medical experts testified injuries required massive blunt force and were not consistent with a simple fall.
- Appellant Amanda Bacon and companion Frank Jones gave varying accounts; police investigated, interviewed both, and indicted Bacon for murder and child endangering (and later charged aggravated murder; indictments were consolidated for trial).
- At trial the state presented medical experts, police, witnesses about Bacon’s lifestyle and cell‑phone/location/text records; defense presented witnesses including Bacon and testimony about periods when others cared for Avery.
- The trial court granted motions in limine excluding evidence of Jones’s prior convictions (older than ten years) under Evid.R. 609(B); it admitted testimony from David Skrepenski about Bacon’s parenting while Avery was in his care.
- Jury convicted Bacon of murder and child endangering (not guilty of aggravated murder); Bacon appealed raising five assignments of error challenging Evid.R. 609 exclusion, Skrepenski’s testimony, a Burrage-based jury instruction argument, cumulative error, and a due‑process claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of Frank Jones’s prior convictions under Evid.R. 609(B) | State: convictions were too old and prejudicial; exclusion proper | Bacon: convictions impeached Jones’s credibility and were highly probative | Court: affirmed exclusion — trial court did not abuse discretion given age of convictions and other evidence about Jones’s credibility |
| Admission of David Skrepenski’s testimony | State: testimony about care and lack of supplies was relevant context to Bacon’s parenting and credibility | Bacon: testimony was irrelevant, cumulative, prejudicial and relied on hearsay | Court: affirmed admission — testimony provided context relevant to jury’s assessment of Bacon’s conduct; no plain error or abuse of discretion |
| Jury instruction on causation (invoking Burrage) | State: instruction on proximate cause/felony‑murder was appropriate under Ohio law | Bacon: trial court should have limited responsibility to the immediate or most obvious result per Burrage (but‑for causation) | Court: affirmed — Burrage (a drug‑enhancement causation case) inapplicable where experts testified a single massive blow was sufficient to cause death; instruction not an abuse of discretion |
| Cumulative error / right to fair trial | Bacon: errors (individually and combined) deprived her of fair trial | State: errors not shown; rulings correct | Court: affirmed — no prejudicial individual errors found, so no cumulative error; convictions affirmed |
Key Cases Cited
- Burrage v. United States, 134 S. Ct. 881 (2014) (but‑for causation required for certain federal drug‑death enhancement)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (appellate review of abuse of discretion)
- State v. Wright, 48 Ohio St.3d 5 (1989) (trial court’s discretion in Evid.R. 609 determinations)
- Diar v. State, 120 Ohio St.3d 460 (2008) (testimony about parental inattention can be admissible background/context)
- State v. Wolons, 44 Ohio St.3d 64 (1989) (standard of review for jury instructions)
- State v. Sneed, 63 Ohio St.3d 3 (1992) (when refusal to give a correct, pertinent instruction is prejudicial)