State v. Cartwright
2013 Ohio 2156
Ohio Ct. App.2013Background
- Cartwright was convicted by bench trial in Preble County on one rape (Count One), two rapes (Counts Two and Five), two sexual batteries (Counts Three and Six), and one gross sexual imposition (Count Four), with SVP specifications, and sentenced to life without parole for Count One and Counts Two and Five, plus additional terms for other counts, all concurrent.
- The victim, W.C., born in 1997, testified she was sexually abused by her father beginning at age 11 for about two years, with abuse occurring in multiple locations in the home.
- W.C. reported the abuse to school officials and police; appellant denied the allegations during police interview.
- SVP specifications were based on two factors: chronic sexual offenses (R.C. 2971.01(H)(2)(c)) and a history of sexually deviant behavior beginning in childhood (R.C. 2971.01(H)(2)(b)) including prior conduct by appellant against his sister.
- During the SVP hearing, the court admitted a Dayton police report through a deputy, which contained hearsay evidence used to support at least one SVP factor.
- On appeal, the judgment was affirmed in part but reversed to the extent it imposed a life sentence without parole on Counts Two and Five, with remand for resentencing on those counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay at SVP hearing admissibility | Cartwright asserts plain error from admitting the police report. | Cartwright contends the hearsay evidence was the sole basis for SVP finding. | First assignment overruled; no plain error. |
| Ineffective assistance for failure to object | Counsel failed to object to the police report. | Ineffective assistance should reverse result. | Second assignment overruled; no reversible prejudice. |
| Expert testimony on child psychology | Dr. Vavul-Roediger improperly opined on psychology without qualification. | She was qualified to discuss related psychological matters. | Third assignment overruled; testimony admissible. |
| Discovery timing and prejudice | CAD report disclosure violated Crim.R. 16 timing. | No willful violation and no prejudice; continuance not sought. | Fourth assignment overruled; no reversible error. |
| Sentencing legality for Counts 2 and 5 | Life without parole permissible for all rape convictions. | R.C. 2971.03(A) limits life-without-parole for A2 convictions; must be indeterminate with parole eligibility. | Sixth assignment sustained; life without parole invalid for Counts 2 and 5; remanded for resentencing. |
Key Cases Cited
- State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (hearsay at SVP hearing for admissibility and SVP factors)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- State v. Williams, 8th Dist. No. 80615, 2002-Ohio-4423 (2002-Ohio-4423) (catch-all SVP factor suffices for designation)
- State v. Wiles, 59 Ohio St.3d 71 (1991-Ohio-) (discovery violation remedy and prejudice considerations)
- State v. Austin, 2012-Ohio-4232 (1st Dist. 2012) (limits on life-without-parole for rape convictions)
- State v. Williams, 12th Dist. No. CA2009-06-018, 2010-Ohio-2311 (2010-Ohio-2311) (application of 2971.03 and parole considerations)