State v. Carson
2011 Ohio 4989
Ohio Ct. App.2011Background
- Police sergeant saw Carson attempting to open a sliding door at a residence and pursue him when he fled.
- Carson was indicted for burglary, attempted burglary, breaking and entering, and criminal tools possession.
- A jury convicted Carson of attempted burglary and criminal trespassing; the court sentenced him to one year.
- Carson appealed, challenging sufficiency of evidence for attempted burglary and whether it was against the manifest weight of the evidence.
- The appellate court affirmed, holding there was sufficient evidence and the weight was not in dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted burglary | Carson argues no purposeful/knowing intent proven | State argues circumstantial evidence supports intent | Sufficient evidence supported intent beyond reasonable doubt |
| Manifest weight of the evidence for attempted burglary | Carson contends the evidence is against the weight of the record | State contends jury reasonably credited witnesses and inferences | Conviction not contradicted by weight of the evidence |
Key Cases Cited
- Jenks v. State, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
- Hand v. State, 107 Ohio St.3d 378 (Ohio 2006) (flight as evidence of consciousness of guilt)
- Eaton v. State, 19 Ohio St.2d 145 (Ohio 1969) (consciousness of guilt supports inference of guilt)
- Thompkins v. State, 78 Ohio St.3d 380 (Ohio 1997) (review of sufficiency de novo; standard for determining guilt)