State v. Boatright
2017 Ohio 5794
Ohio Ct. App.2017Background
- In November 2014, Jeffrey Boatright and M.H. (an adult male) had consensual unprotected oral and anal intercourse; M.H. later tested positive for HIV.
- Boatright had earlier donated plasma; records and witnesses showed a preliminary HIV-positive test in August 2011 and a confirmed positive result, and CSL Plasma counselled Boatright on December 12, 2012 that he had tested positive.
- Boatright told M.H. before sex that he had tested negative; after M.H. became symptomatic and tested positive he accused Boatright, who at one point told M.H., “I’m sorry, man. I lied.”
- Boatright was indicted for felonious assault under R.C. 2903.11(B)(1) (failure to disclose known HIV-positive status prior to sexual conduct); tried on the supplemental count, convicted by a jury, and sentenced to five years’ imprisonment.
- On appeal Boatright raised seven assignments of error including constitutional challenges to the statute, insufficiency/manifest weight of the evidence as to his knowledge, jury-instruction claims, sentencing error, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of R.C. 2903.11(B)(1) | State: statute valid and constitutional | Boatright: facially and as-applied unconstitutional (equal protection, free speech, disability discrimination) | Forfeited at trial; appellant failed to develop plain-error argument on appeal — claim overruled |
| Sufficiency of evidence / Crim.R. 29 (knowledge element) | State: evidence (CSL counseling, Health Dept. records, Boatright’s statements) supports that Boatright knew he was HIV positive before 2014 sex | Boatright: he was never informed he was HIV positive in 2011/2012 and had no knowledge before sex | Evidence sufficient; Crim.R. 29 denial proper — conviction upheld |
| Manifest weight (credibility of witnesses on knowledge) | State: jury entitled to believe CSL counselor and Health Dept. testimony; lies by Boatright undermined credibility | Boatright: defense testimony more credible; he had reason to believe he was negative | Jury did not lose its way; conviction not against manifest weight — claim denied |
| Jury instruction on “knowledge” | State: R.C. 2901.22(B) definition appropriate | Boatright: trial court should have used dictionary definition or omitted definition | Court found trial court’s instruction (awareness of probability) appropriate; no reversible error |
| Sentence (five years) | State: within statutory range for second-degree felony | Boatright: sentencing contrary to felony-sentencing purposes | Sentence within statutory range; incomplete record on appeal (PSI and victim impact not included) — presume regularity; claim denied |
| Ineffective assistance of counsel | Boatright: counsel failed to challenge statute’s constitutionality and failed to object to sentence | State: counsel’s performance not shown deficient; appellate record incomplete | Appellant failed to show deficiency or prejudice; claim denied |
Key Cases Cited
- State v. Collier, 62 Ohio St.3d 267 (presumption of constitutionality and statutory construction)
- State v. Jenks, 61 Ohio St.3d 259 (standard for reviewing sufficiency of the evidence)
- State v. Otten, 33 Ohio App.3d 339 (manifest-weight standard)
- State v. Teamer, 82 Ohio St.3d 490 (knowledge determined from facts and circumstances)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- State v. Madrigal, 87 Ohio St.3d 378 (appellate analysis when one Strickland prong not met)
- State v. Keith, 79 Ohio St.3d 514 (ineffective-assistance standard citing Strickland)
- State v. Marcum, 146 Ohio St.3d 516 (appellate standard for reviewing felony sentences)
- State v. Quarterman, 140 Ohio St.3d 464 (forfeiture of constitutional challenge when not raised at trial)