State v. Brown
2012 Ohio 1848
Ohio Ct. App.2012Background
- Brown was found guilty by a jury of two counts of murder and two counts of felonious assault, each with a firearm specification, plus having a weapon under disability; convictions were merged and sentenced to 23 years to life, plus consecutive terms.
- Trial occurred after the June 25, 2010 shooting of Marquita Brown in her Dayton apartment; Brown was present but disputed the circumstances.
- Evidence showed Marquita was shot once in the temple at close range; a .22 revolver with spent and live rounds was found next to her body.
- Brown’s mother testified he had carried a handgun the day before and planned to visit Marquita’s home; Brown was arrested later that morning.
- The State introduced prior domestic-violence incidents and threats by Brown against Marquita to support intent and absence of accident; Brown contested relevance.
- During deliberations, an alternate juror replaced Juror 11 after she became upset; deliberations resumed with the alternate, and a verdict was reached the next day.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct during voir dire, testimony, and closing | Brown alleges snide, improper comments prejudiced trial | State asserts comments were proper, non-prejudicial | No plain error; overall conduct not prejudicial |
| Admissibility of prior domestic-violence evidence under Evid.R. 404(B) | Brown contends prior acts were highly prejudicial and irrelevant | State contends evidence shows motive/intent and limited purpose | No abuse of discretion; evidence admissible for limited purposes |
| Discharging a juror after deliberations began | Brown claims replacement deprived him of favorable juror and right to a fair trial | State argues court acted to preserve fairness and integrity of deliberations | Court acted within its discretion; no prejudice shown |
| Verdict against the manifest weight of the evidence | Brown asserts verdict is against the weight of the evidence | State maintains sufficient evidence supports conviction | Not against the manifest weight; evidence supported verdict |
Key Cases Cited
- State v. Jones, 90 Ohio St.3d 403 ((2000)) (prejudice/influence standard for prosecutorial misconduct)
- State v. Long, 53 Ohio St.2d 91 ((1978)) (plain-error standard and trial-correctness considerations)
- State v. Lott, 51 Ohio St.3d 160 ((1990)) (plain-error review in absence of objection)