State v. Black
2017 Ohio 5802
| Ohio Ct. App. | 2017Background
- In October 2015 Roger Black picked up two women (C.S. and B.B.) who accepted rides; both events led to allegations of sexual assault and kidnapping.
- C.S.: stayed overnight at Black’s house, awoke to him with a knife; she testified he choked her, handcuffed her, and raped her; she escaped and alerted neighbors; initially declined hospital exam.
- B.B.: picked up on the street, driven to remote locations, forced at knifepoint to remove pants and raped; later identified Black from a photo array and received a hospital exam.
- Indictment: three counts of rape and two counts of kidnapping with sexual-motivation, repeat violent offender, and sexually violent predator (SVP) specifications; one rape count acquitted, remaining convictions sustained at jury trial.
- SVP and repeat violent offender specifications were tried to the court on stipulated evidence; court found Black an SVP and repeat violent offender and imposed an aggregate 26 years to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence (rape/kidnapping) | State: victims’ testimony and corroborating facts support convictions. | Black: victims were not credible; inconsistent statements, drug use, and prior conduct undermine proofs. | Court: Evidence sufficient; jury reasonably credited victims; assignments overruled. |
| SVP adjudication sufficiency/weight | State: prior 2005 convictions and facts showing sexual motivation, use of weapons, and recidivism risk support SVP finding. | Black: contends evidence and hearsay police reports insufficient and not persuasive. | Court: Statutory factors not all required; admitted prior convictions and other evidence support SVP; assignment overruled. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight standard and role of appellate court as thirteenth juror)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency-of-evidence standard: view evidence most strongly in prosecution's favor)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence are jury functions)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial court has best opportunity to observe witness demeanor)
- State v. Martin, 20 Ohio App.3d 172 (1983) (definition of manifest miscarriage of justice standard)