State v. Cassano
2012 Ohio 4047
Ohio Ct. App.2012Background
- Cassano convicted of four counts felonious assault, two counts aggravated robbery, and two firearm-disability counts; evidence largely circumstantial tied to codefendant Glenn’s text messages.
- Victims could not positively identify Cassano as the shooter; circumstantial case relied on inferences from messages and possession of a Glock ammunition clip.
- Gun used not recovered; shell casings matched a Glock 9mm linked to the scene.
- Cell-phone records showed Glenn’s text messages directing to the crime scene; recipient phone traces linked to Cassano’s residence.
- Cassano challenged admissibility and weight/credibility of evidence; court reconsidered some issues on appeal.
- Court affirmed judgment; remanded for execution of sentence; on reconsideration, Mary Boyle concurred in judgment only with separate opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is legally sufficient and not against the manifest weight | State argues the circumstantial evidence supports guilt | Cassano contends the evidence is insufficient and invites a manifest miscarriage of justice | Weight/sufficiency overruled; evidence sufficient and not against weight. |
| Admissibility of Glenn text messages as business records | Text messages admissible under Evid.R. 803(6) as business records | Possible hearsay concern and relevance to Cassano | Admissible as business records; any error not reversible given context. |
| Bruton-type confrontation issue for Glenn’s text messages | Non-testifying co-conspirator statements implicated Cassano | Bruton violation; limit on use | Bruton not applicable; messages nonhearsay or bench-trial context forecloses Bruton concerns. |
| Sentencing: merger of firearm specifications | Court could impose multiple firearm-spec terms | Specifications should merge as part of same act | Consecutive firearm-specifications sentence upheld; merger not required under applicable statute. |
Key Cases Cited
- State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (circumstantial evidence carries same weight as direct evidence; sufficiency standard)
- State v. Heinish, 50 Ohio St.3d 231 (Ohio 1990) (circumstantial evidence sufficient beyond reasonable doubt)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (standard for reviewing weight of the evidence)
- State v. Antill, 176 Ohio St. 61 (Ohio 1964) (trier of fact credibility and evidence evaluation)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (weights and credibility assessed by trial court on appeal)
- State v. Davis, 116 Ohio St.3d 404 (Ohio 2008) (business-records foundation requirements for admissibility)
- Weis v. Weis, 147 Ohio St. 416 (Ohio 1947) (trustworthiness of business records; regular course of business)