State v. Berry, 2017 Ohio 1490

Background

On March 13, 2015 Clinton D. Berry entered the victim’s home without permission; the victim testified Berry put a hand over her mouth, cuffed her, took her upstairs, cuffed her to a bedrail, and digitally and with a vibrator penetrated her.
Berry was indicted on two counts of rape (R.C. 2907.02(A)(2)), one count of aggravated burglary (R.C. 2911.11(A)(1)), one count of kidnapping with a sexual-motivation specification (R.C. 2905.01(A)(4); R.C. 2941.147), and pled not guilty.
At trial the State presented the victim’s testimony, a SANE nurse’s examination documenting seven external injuries consistent with handcuffs, photographs, and investigative testimony; Berry testified the encounter was consensual.
The jury convicted Berry on all counts and the sexual-motivation specification; the court sentenced him to consecutive terms totaling 36 years and classified him a Tier III sex offender.
On appeal Berry argued (1) his convictions were against the manifest weight of the evidence (challenging force, trespass, and restraint), and (2) trial counsel was ineffective for certain omissions in questioning and cross-examination.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rape convictions were against the manifest weight for lack of force	State: evidence (victim testimony, SANE injuries, detective testimony) supports force and compelled submission	Berry: physical evidence (absence of certain items, limited bedrail marks, no lubricant/vibrator/handcuffs entered, no DNA) undermines credibility	Court: Affirmed; jury did not lose its way; evidence of force sufficient
Whether aggravated burglary conviction was against the manifest weight for lack of trespass	State: victim testified door was locked, she did not consent, and Berry committed an offense inside the home	Berry: no evidence of forced entry or key; therefore entry could have been invited	Court: Affirmed; even invited entry can be revoked or become trespass if offender initiates criminal conduct
Whether kidnapping conviction was against the manifest weight for lack of restraint	State: handcuffing and other forcible conduct constitute restraint supporting kidnapping element	Berry: absence of handcuffs in evidence and lack of bedrail marks undercuts restraint finding	Court: Affirmed; use of force and handcuff testimony supported restraint element
Whether trial counsel provided ineffective assistance	State: counsel’s tactical choices (no re-direct of defendant; limited cross of victim) were reasonable trial strategy	Berry: counsel’s omissions prejudiced defense	Court: Affirmed; tactics fall within wide range of professional judgment; no Strickland violation established

Key Cases Cited

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
State v. Martin, 20 Ohio App.3d 172 (Ohio App. 1983) (weighing evidence and credibility in manifest-weight analysis)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (deference to factfinder on witness credibility)
State v. Schaim, 65 Ohio St.3d 51 (Ohio 1992) (force/threat of force inference in rape cases)
State v. O'Neal, 87 Ohio St.3d 402 (Ohio 2000) (definition of trespass and privilege)
State v. Steffen, 31 Ohio St.3d 111 (Ohio 1987) (entry privilege can be revoked by offender’s criminal conduct)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (prejudice prong and reasonable-probability standard under Strickland)