State v. Casey
2014 Ohio 1229
Ohio Ct. App.2014Background
- Casey was convicted in the Cuyahoga County Court of Common Pleas of aggravated burglary, domestic violence, assault, aggravated menacing, and a single count of child endangering stemming from an October 20, 2012 incident.
- The victim, Laura Caraballo, is Casey’s ex-girlfriend with whom he had three children; she was sole tenant at 4103 Spokane Ave., Cleveland.
- Casey allegedly forced entry by punching through the front door while Caraballo and her children were home, arguing with a guest, Deal, and demanding that Caraballo call another man.
- Casey directed his girlfriend Kho to drive away to fetch a friend with a gun; he then allegedly grabbed Caraballo and threw her to the ground as police arrived.
- The trial court found Caraballo had sole custody/control of the premises and that Casey had no privilege to enter, despite Casey’s prior access and possessions on the property.
- Casey testified that he lived with Caraballo and believed he had a right to enter, but admitted Caraballo did not want him there and had revoked his privilege to enter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of privilege supports aggravated burglary | Casey | Casey | Affirmed; lack of privilege proven, constituting trespass and aggravated burglary |
| Whether the trial court’s lack of an explicit 'knowingly' finding requires reversal | Casey | Casey | Not reversible; weight of evidence shows knowingly entered without privilege |
| Whether the evidence was sufficient and not against the manifest weight | State | Casey | Sufficiency and weight support conviction |
Key Cases Cited
- Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard)
- Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight framework; weight vs sufficiency)
- Getsy, 84 Ohio St.3d 180 (1998) (clear standard for manifest weight review)
- Lilly, 87 Ohio St.3d 97 (1999) (spouse privilege and criminal liability for trespass/burglary)
- Lyons, 18 Ohio St.3d 204 (1985) (privilege vs trespass; entering without privilege)
- Newell, 93 Ohio App.3d 609 (1994) (burden to prove lack of privilege)