2022 Ohio 1444
Ohio Ct. App.2022Background
- Terrez L. Carter was tried on consolidated indictments charging multiple rapes (two victims: S.S. in 2018; S.H. in 2015), kidnapping counts, possession of cocaine, and having weapons while under disability.
- Police recovered DNA from S.S., SANE exam findings consistent with nonconsensual intercourse, and >60 grams of cocaine plus a firearm at Carter’s residence.
- Video clips from Carter’s phone depicted S.H. partially undressed, refusing to be on camera, and being digitally penetrated while crying.
- Trial court denied Carter’s motion to sever the victims’ charges and temporarily cleared the courtroom (except jurors) while three short video clips were played.
- Jury convicted Carter of five rape counts (three as to S.S.; two as to S.H.), kidnapping counts merged for sentencing, possession of cocaine, and having weapons while under disability; acquitted on one rape count and firearm specifications.
- Trial court imposed an aggregate 36-year prison term; Carter appealed, raising joinder/prejudicial consolidation, closure of the courtroom, and manifest-weight challenges to convictions for each victim.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Carter) | Held |
|---|---|---|---|
| 1. Joinder/severance of offenses (Crim.R. 8 / Crim.R. 14) | Joinder appropriate because offenses were similar, part of a course of conduct, evidence was simple and direct; drugs/firearm discovered during investigation tied to rape. | Joinder prejudiced Carter by allowing the victims’ allegations to corroborate each other; some evidence would be inadmissible in separate trials under Evid.R. 404(B). | Trial court did not abuse discretion: "joinder test" satisfied (evidence simple/direct); jury instructions and acquittals show no undue prejudice. |
| 2. Temporary courtroom closure during video presentation (public-trial right) | Closure narrowly tailored, limited to playing graphic videos; court viewed videos beforehand and only excluded public while clips played; alternatives considered. | Closure violated Sixth Amendment/public-trial right; no substantial reason, insufficient findings, not narrowly tailored. | No abuse of discretion: closure was brief, narrowly drawn, no testimony occurred while public excluded; procedural safeguards met. |
| 3. Manifest-weight challenge to convictions based on S.S. | State: S.S. credible when viewed by jury; SANE findings (laceration, bruising) and DNA corroborate rape; jury entitled to weigh credibility. | Carter: S.S. lacked credibility (drug use, inconsistent statements, texting with Carter), alternative explanation for injuries (abusive boyfriend). | Convictions not against manifest weight: physical injuries, SANE opinion, DNA, and the jury’s credibility determinations supported convictions. |
| 4. Manifest-weight challenge to convictions based on S.H. | State: video and testimony corroborate nonconsensual digital/vaginal contact; supporting witness testimony about events and gun presence. | Carter: S.H. lacked credibility (inconsistencies, intoxication, attempts to solicit money/drugs to change testimony); no physical forensic evidence. | Convictions not against manifest weight: video shows digital penetration while victim resisted/cried; jury properly weighed inconsistencies and acquitted on one count/specified charges. |
Key Cases Cited
- State v. Gordon, 152 Ohio St.3d 528 (2018) (favoring joinder of similar offenses)
- State v. Franklin, 62 Ohio St.3d 118 (1991) (joinder conserves resources and courts should guard against prejudice)
- State v. Thomas, 61 Ohio St.2d 223 (1980) (practical benefits of joinder)
- State v. Hamblin, 37 Ohio St.3d 153 (1988) (joinder considerations)
- State v. LaMar, 95 Ohio St.3d 181 (2002) (Crim.R. 14 severance burden)
- State v. Torres, 66 Ohio St.2d 340 (1981) (defendant must show prejudice to obtain severance)
- State v. Johnson, 88 Ohio St.3d 95 (2000) (joinder test vs. other-acts test)
- State v. Drummond, 111 Ohio St.3d 14 (2006) (public-trial right, standards for closure)
- Waller v. Georgia, 467 U.S. 39 (1984) (closure requires substantial reason, narrow tailoring, findings)
- State v. Clinton, 153 Ohio St.3d 422 (2017) (when evidence is simple and direct jury can segregate proof)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (manifest-weight standard)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (appellate deference to jury's credibility findings)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (credibility determinations rest with the trier of fact)
- Arizona v. Fulminante, 499 U.S. 279 (1991) (structural error vs. harmless error)