State v. Carter
2011 Ohio 2658
Ohio Ct. App.2011Background
- Carter was indicted on four counts of rape, one count of kidnapping, and three counts of gross sexual imposition, with SVP and related specs; trial was a bench trial following not guilty pleas, held in Cuyahoga County Court of Common Pleas; the State presented five witnesses about four incidents, but the court convicted on two incidents only; acquitted Counts 1 and 8 and found specific counts guilty as gross sexual imposition of a child and unlawful conduct with a minor; the victim, K.W., born 1994, testified to abuse in 2006 (age 12) and 2008-2009 (age 14–15) with limited corroboration; no physical evidence or eyewitness corroboration was produced; D.R. was present for the second incident but provided no corroboration; the defense presented alibi and denial impressions; the weight-of-the-evidence standard was invoked on review; the trial judge’s verdict was challenged as against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the convictions are against the manifest weight of the evidence | State argues the record shows substantial, credible evidence of abuse | Carter asserts the victim’s credibility is flawed and no physical evidence corroborates | Convictions not against manifest weight; not clearly misapplied evidence |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight-of-the-evidence review standard; not a fresh weighing of facts but a review of credibility and sufficiency)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (establishes that weight is for the trier of fact and cannot be reversed absent a miscarriage of justice)
- State v. Lindsey, 87 Ohio St.3d 479 (2000-Ohio-465) (exceptional case where new-trial is warranted when evidence weighs heavily against conviction)