State v. Childers
2014 Ohio 4895
Ohio Ct. App.2014Background
- Appellant Jeremy Childers, stepfather to the victim, was charged in Warren County with sexual battery, gross sexual imposition, and sexual imposition following a 2013 indictment.
- The offenses relate to abuse of the victim starting in 2009–2011 (age under 13) during “Tickle Time” and later a 2013 massage incident when the victim was 14.
- Mother worked nights; during many abuse periods she was absent and the children were under Childers’ care.
- In August 2013, during a massage at home, the victim alleges touching of breasts and insertion of a finger after removing pants; mother was sometimes present but not during the alleged conduct.
- Police and hospital/rape-exam procedures followed the 2013 massage, and the victim ultimately reported the abuse to authorities; Appellant admitted to massaging the victim and possible brushing of the breast.
- On December 12, 2013, a jury convicted Childers on all charged counts; the trial court merged the sexual imposition with sexual battery and imposed consecutive sentences totaling 36 and 12 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support the convictions | State argues evidence supports all counts | Childers contends insufficient evidence | Convictions supported by weight and sufficiency evidence |
| Whether the verdicts were against the manifest weight of the evidence | State maintains credibility and testimony support convictions | Childers asserts lack of corroboration and demeanor issues | Convictions not against weight; credibility to jury |
| Consecutive sentences properly imposed under R.C. 2929.14(C)(4) | State argues findings on consecutive sentences were made | Childers asserts missing required findings and improper entry | Assignments sustained; need resentencing with proper findings |
Key Cases Cited
- State v. Wilson, 12th Dist. Warren No. CA2006-01-007 (2007-Ohio-2298) (sufficiency/weight review framework; credibility of witnesses central)
- State v. Brauer, 12th Dist. Warren No. CA2012-11-109 (2013-Ohio-3319) (weight-of-the-evidence standard when reviewing credibility and conflicts)
- State v. Estes, 12th Dist. Warren No. CA2013-12-126 (2014-Ohio-3295) (deference to jury on credibility; weight-of-the-evidence standard)
- State v. Bonnell, 140 Ohio St.3d 209 (2014-Ohio-3177) (consecutive-sentence findings must be made at sentencing; nunc pro tunc cannot cure missing findings)
- State v. Setty, 12th Dist. Clermont Nos. CA2013-06-049 and CA2013-06-050 (2014-Ohio-2340) (requires three-step analysis for consecutive sentences; findings must be in sentencing entry)