State v. Boles
2014 Ohio 744
Ohio Ct. App.2014Background
- Boles stabbed Brittany Hall over 40 times after an argument about their relationship; Brittany survived and reported the attack in 2011.
- Boles attempted to incapacitate or kill Brittany by blocking her calls, locking doors, and taking one of their sons during the attack.
- Brittany’s daughter witnessed the stabbing; bystander Lisa Hall entered the home and contacted authorities.
- DNA on Boles’ hands and blood stains on clothing linked him to the crime scene; Brittany’s injuries were life-threatening.
- Boles was charged by indictment with multiple counts including Attempted Aggravated Murder, Attempted Murder, Felonious Assault, Kidnapping, Endangering Children, Domestic Violence, and Disrupting Public Services.
- The jury found Boles guilty on 11 counts; the trial court merged some offenses and sentenced him to a total term of 10 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other acts for credibility rehabilitation | Brittany’s prior falsification convictionis probative for credibility | Evidence shows propensity; unduly prejudicial | Admissible for rehabilitating credibility; not propensity evidence |
| Whether the Murder/Aggravated Murder verdicts are against weight of evidence | Weight supports intent to kill given multiple stab wounds | Provocation or lack of intent to kill should negate intent | Not against weight; evidence supports intent to kill |
| Exclusion of jail letters as evidence | Letters bear on intent and perception | Letters lack relevance to crimes charged | Exclusion affirmed; not relevant to elements |
Key Cases Cited
- State v. McCaleb, 2004-Ohio-5940 (11th Dist. Lake No. 2002-L-157, 2004) (admissibility of other acts is within trial court discretion)
- State v. Sweeney, 2007-Ohio-5223 (11th Dist. Lake No. 2006-L-252) (evidentiary rulings within trial court discretion)
- State v. Lindsay, 2011-Ohio-4747 (5th Dist. Richland No. 2010-CA-0134) (admissibility to rehabilitate credibility of witness)
- State v. Conway, 2006-Ohio-2815 (Ohio Supreme Court) (rehabilitation of witness allowed for prior bad acts)
- State v. Renfro v. Black, 52 Ohio St.3d 27 (1990) (abuse of discretion standard for evidentiary rulings)
- State v. Cortner, 2006-Ohio-871 (11th Dist. Trumbull No. 2005-T-0020) (plain error review standard for omitted objections)