State v. Ball
2013 Ohio 3506
Ohio Ct. App.2013Background
- Ball was a Summit County foster parent hosting 3–6 school-age boys at various times.
- Allegations emerged June 23, 2010 when J.W. reported touching; four additional boys later accused Ball.
- Ball was indicted on seven counts: rape, sexual battery, and five counts of gross sexual imposition; one later dismissed, counts renumbered.
- Jury convicted Ball on all counts; court merged rape and sexual battery for sentencing; aggregate sentence 35 years to life.
- Ball appeals on weight of the evidence, ineffective assistance of counsel, and prosecutorial misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence supporting convictions | Ball argues verdict against weight of evidence | State asserts substantial, credible testimony; conflicts for jury resolves credibility | Weight claim overruled; jury credibility determinations support verdict |
| Ineffective assistance of trial counsel | Ball asserts deficient performance by counsel with several failures | State contends no deficient performance or prejudice | Ineffective-assistance claim overruled |
| Prosecutorial misconduct | Ball claims improper calendar evidence and STD testimony | State argues no plain error; evidence supported by other witnesses | Prosecutorial-misconduct claim overruled |
Key Cases Cited
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (weight-of-the-evidence standard and credibility review)
- State v. Andrews, 9th Dist. Summit No. 25114 (2010-Ohio-6126) (credibility and appellate review of witness testimony)
- State v. Mundt, 115 Ohio St.3d 22 (2007-Ohio-4836) (ineffective assistance standard (Strickland))
- Strickland v. Washington, 466 U.S. 668 (Sup. Ct. 1984) (standard for ineffective-assistance claims)