State v. Barker, 945 N.E.2d 1107

Turner disappeared on Sept. 30, 2006 after leaving with Barker; Turner’s mother watched her children that night.
Barker allegedly drove Turner away in a gray Grand Am and Turner later handed him her engagement ring; Barker’s account is contested.
Turner has never been found; cadaver dogs did not locate a body.
Barker was indicted in 2009 on felonious assault, felony murder, and tampering with evidence based largely on confessions from two witnesses.
Trial evidence included two witnesses testifying Barker confessed to killing Turner; Barker was convicted on all three offenses and sentenced to 28 years to life.
On appeal, Barker argues corpus delicti-rule error and that felonious assault and felony murder are allied offenses requiring merger; court reverses in part and remands for merger and resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Corpus delicti rule admissibility of confessions	Barker: corpus delicti not established; confessions improperly admitted	State: independent evidence satisfied corpus delicti; confessions admissible	Satisfied; independent evidence tends to prove death and tampering, allowing confessions
Merger of felonious assault and felony murder	Barker: allied offenses merged; only one conviction allowed	State: Williams controls; offenses are allied but may be separately convicted	Second assignment sustained; sentences for felony murder and felonious assault vacated and merged on remand.

State v. Edwards, 49 Ohio St.2d 31 (Ohio 1976) (corpus delicti rule requires independent evidence before confession is admitted)
State v. Gabriel, 170 Ohio App.3d 393 (Ohio App. 2007) (corpus delicti rule is a low standard; evidence need only tend to prove a material element)
State v. Nobles, 106 Ohio App.3d 246 (Ohio App. 1995) (corpus delicti rule applies to all crimes and operates to exclude confessions lacking independent proof)
State v. Manago, 38 Ohio St.2d 223 (Ohio 1974) (defines corpus delicti as death plus criminal agency)
State v. Black, 54 Ohio St.2d 304 (Ohio 1978) (endorses liberal application of corpus delicti rule)
State v. Nicely, 39 Ohio St.3d 147 (Ohio 1988) (left-behind possessions and relationship context can imply non-voluntary disappearance)
State v. Williams, 124 Ohio St.3d 381 (Ohio 2010) (held felonious assault is allied with attempted murder and extends to felony murder analysis for merger)
State v. Cabrales, 118 Ohio St.3d 54 (Ohio 2008) (definitional standard for allied offenses of similar import under 2941.25)