State v. Carr
2014 Ohio 806
Ohio Ct. App.2014Background
- Carr and others planned a January 11, 2012 Princeton Street robbery targeting Marcus Minter.
- Carr and Williams confronted the victims; Williams robbed Minter while Carr demanded money and Carr shot at Anderson.
- Anderson died; Williams, Davis, and others fled; Davis drove the getaway car.
- Carr and Davis were indicted together; Williams pleaded guilty to amended charges and testified against them.
- The jury convicted Carr on all counts; he received a total term of 43 years to life; he appeals challenging four assignments of error.
- The trial court’s rulings and the appellate review focus on severance, effectiveness of counsel, sufficiency/weight of the evidence, and allied offenses/sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joinder of Carr with Davis was plain error requiring severance. | Carr argues severance was required due to prejudice. | Carr contends joinder prejudiced his defense. | No plain error; joinder upheld. |
| Whether trial counsel was ineffective for not filing/renewing a severance motion. | Carr claims ineffective assistance for failure to pursue severance. | Counsel’s decisions were strategic and not deficient. | Counsel not deficient; Strickland prongs not satisfied. |
| Whether the denial of Crim.R. 29 and the weight of the evidence support the verdict. | Carr challenges sufficiency/weight, focusing on lack of forensic linkage. | State had sufficient evidence; credibility issues for jury. | Crim.R. 29 denied appropriately; verdict not against the weight of the evidence. |
| Whether aggravated murder and aggravated robbery are allied offenses and whether the sentence is proper. | Carr contends lapse of Johnson test and misalignment of sentences. | Offenses not allied; sentence within statutory range; not disproportionate. | Johnson analysis satisfied; no misapplication; sentence within law. |
Key Cases Cited
- Bruton v. United States, 391 U.S. 123 (1968) (co-defendant statements implicating a defendant barred unless cross-examined; jury instructed to disregard.)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (weighs manifest weight standard and credibility in appellate review.)
- State v. Kalish, 120 Ohio St.3d 23 (2008) (Johnson framework for allied offenses; merger analysis and sentencing discretion.)