State v. Cassidy
2017 Ohio 8351
| Ohio Ct. App. | 2017Background
- On April 6, 2016, Ryan Plaugher arranged via Facebook to buy baby formula; after paying $30, the driver (Cassidy) produced and pointed a firearm at Plaugher and then fled.
- Cassidy was indicted on aggravated robbery (R.C. 2911.01(A)(1), first-degree) with a firearm specification and an RVO specification, and on having weapons while under disability (R.C. 2923.13(A)(2), third-degree) with a firearm specification.
- At jury trial, the State’s key witness, Plaugher, testified Cassidy pointed a gun at him; the State admitted the firearm into evidence. Cassidy’s passenger/girlfriend, Wierwille, testified Cassidy did not have a gun.
- The jury convicted Cassidy on both counts and the firearm specifications; the court found the RVO specification true and imposed consecutive sentences totaling 20 years.
- Cassidy appealed raising three assignments of error: (1) convictions against the manifest weight of the evidence, (2) trial court failed to swear prospective jurors before voir dire, and (3) juror misconduct (sleeping). The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cassidy) | Held |
|---|---|---|---|
| Whether convictions are against the manifest weight of the evidence | State: eyewitness (Plaugher) and officer testimony support that Cassidy had and pointed a firearm; jury credited that testimony | Cassidy: inconsistent witness statements and no physical evidence link the gun to him; testimony conflicted about seeing the whole gun vs. just the handle | Affirmed: weight-of-evidence review defers to jury credibility determinations; inconsistencies insufficient to overturn verdicts |
| Whether trial court erred by not swearing prospective jurors before voir dire | State: statute requires juror examination under oath but no prejudice shown; parties questioned jurors afterward | Cassidy: failure to swear jurors violated R.C. 2945.27 and warrants reversal | Overruled: issue waived for failure to object at trial and no prejudice shown (no false answers alleged) |
| Whether juror misconduct (sleeping) denied fair trial | State: trial court received vague report; court addressed matter and no remedy objected to by defense | Cassidy: alleged juror slept during critical testimony (Plaugher), impairing ability to hear evidence | Overruled: appellant failed to show actual sleeping or prejudice; issue waived absent plain error; record only contains speculative reference |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards for manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (quoted in Thompkins for weight-of-evidence framework)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to jury on witness credibility)
- State v. Hunter, 131 Ohio St.3d 67 (2011) (manifest-weight reversal is only in exceptional cases)
- State v. Childs, 14 Ohio St.2d 56 (1968) (contemporaneous objection rule for appellate review)
- State v. Glaros, 170 Ohio St. 471 (1960) (failure to swear jurors not reversible absent prejudice from false answers)
- State v. McKnight, 107 Ohio St.3d 101 (2005) (trial court has discretion handling sleeping juror; waivers and plain-error review explained)
- State v. Sanders, 92 Ohio St.3d 245 (2001) (trial court discretion regarding sleeping juror)