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2014 Ohio 4174
Ohio Ct. App.
2014
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Background

  • In Aug. 2012, 14-year-old A.J. and her family moved into John Carter's home; Carter was 33 and a family friend who offered them his bedroom.
  • While sometimes sleeping elsewhere in the house, Carter and A.J. engaged in repeated sexual activity; texts recovered from A.J.’s phone corroborated sexual communications.
  • Police investigated after A.J.’s mother found the texts and filed a report; A.J. initially denied sexual contact but later admitted it.
  • Carter was indicted on four counts of unlawful sexual conduct with a minor (fellatio, cunnilingus, vaginal intercourse, anal intercourse).
  • Jury convicted Carter of two counts (fellatio and vaginal intercourse), acquitted on one (cunnilingus), and deadlocked on one (anal intercourse); he had a prior corruption-of-a-minor conviction.
  • Trial court imposed consecutive prison terms totaling 12 years; Carter appealed, arguing his convictions were against the manifest weight of the evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether convictions for unlawful sexual conduct with a minor were against the manifest weight of the evidence State: testimony (A.J., mother, housemate), corroborating texts, and investigative testimony supported convictions Carter: A.J.'s story changed; he denied any sexual contact; defense witnesses did not observe sexual conduct Court: Affirmed — jury credibility determinations were supported; evidence did not weigh heavily in favor of acquittal

Key Cases Cited

  • State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reversing a conviction on manifest-weight grounds requires a determination that the jury clearly lost its way and produced a manifest miscarriage of justice)
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Case Details

Case Name: State v. Carter
Court Name: Ohio Court of Appeals
Date Published: Sep 22, 2014
Citations: 2014 Ohio 4174; CA2013-12-228
Docket Number: CA2013-12-228
Court Abbreviation: Ohio Ct. App.
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    State v. Carter, 2014 Ohio 4174