State v. Clark
2017 Ohio 4119
| Ohio Ct. App. | 2017Background
- Maurice Clark and L.M., co-workers who carpooled, had a history of unwanted contact per L.M.; Clark denied persistent pursuit and claimed consensual sex.
- On Sept. 13, 2009, after Clark drove L.M. home late, she went to his residence; an encounter in his attached garage followed in which L.M. alleges Clark pinned, removed her clothing, and raped her; Clark admitted intercourse but claimed consent.
- A Mahoning County grand jury indicted Clark on two counts of rape and one count of kidnapping; a jury convicted him of one rape count, acquitted on the other rape count and on kidnapping.
- Clark was sentenced to 10 years and designated a Tier III sex offender; he appealed raising five assignments of error.
- Issues on appeal: exclusion under the rape-shield statute of testimony about prior sexual contact, jury instruction defining "force," identity/confrontation regarding the SANE nurse, ineffective assistance of counsel, and cumulative error.
Issues
| Issue | State's Argument | Clark's Argument | Held |
|---|---|---|---|
| 1) Exclusion of witness testimony about prior kissing/fondling | Exclusion proper under rape‑shield; testimony would be only to impeach victim credibility and not material to rape charge | Testimony would show prior sexual activity with Clark and support consent; exclusion deprived defense of presenting a defense | Court upheld exclusion: rape‑shield bars prior sexual activity offered solely to impeach credibility; no abuse of discretion |
| 2) Jury instruction on "force" (included inference from overcoming will by fear/duress) | Instruction accurately states law; inference of force from overcoming will by fear/duress is proper for adult victims | Instruction improperly lowered state's burden by suggesting threat can be inferred; inapplicable to adult victim | Court upheld instruction (citing prior precedent); not plain error |
| 3) Testimony by SANE nurse (identity/confrontation) | The nurse who testified was the examining nurse; any transcript error was clerical | Nurse who testified was not the examiner, denying right to confront and creating hearsay | Court accepted corrected transcript and subpoenas: the testifying nurse was the examiner; no confrontation violation |
| 4) Ineffective assistance of counsel (failure to proffer witness, raise nurse ID, object to instruction) | Counsel’s choices were reasonable; proffered witness would have been barred by rape‑shield; transcript error was clerical; instruction was legally correct | Counsel erred in not proffering, not seeking in‑camera review, not objecting to instruction, and not noting nurse misidentification | Court found no Strickland deficiency or prejudice; claims lacked merit |
| 5) Cumulative error | No significant errors to cumulate; trial was fair | Multiple harmless errors cumulatively denied a fair trial | Court held no errors meriting reversal; cumulative‑error claim failed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective‑assistance standard)
- State v. Mays, 108 Ohio App.3d 598 (1996) (trial court discretion on evidence admission)
- State v. Gardner, 59 Ohio St.2d 14 (1979) (rape‑shield balancing test)
- State v. Williams, 21 Ohio St.3d 33 (1986) (limitations on impeachment via sexual‑activity evidence)
- State v. Ferguson, 5 Ohio St.3d 160 (1983) (rape‑shield bars evidence offered solely to impeach victim)
- State v. DeMarco, 31 Ohio St.3d 191 (1987) (doctrine of cumulative error)