State v. Cleaves
2020 Ohio 133
Ohio Ct. App.2020Background
- Cecil R. Cleaves, Jr. was indicted for felony domestic violence (Aug. 13, 2017) and the indictment alleged prior domestic-violence convictions in 2007, 2009, and 2015.
- The state gave pretrial notice under Evid.R. 404(B) seeking to introduce the 2009 and 2015 incidents (same victim, similar facial injuries) to show intent/absence of accident; defendant moved in limine to exclude as impermissible character conformity evidence.
- At trial the victim (D.Z.) had memory problems, frequent falls, and testified she did not remember the 2017 event and that injuries could be from a fall; neighbors, officers, photographs, and a 911 call (victim naming "Cecil Cleaves") corroborated an assault claim.
- The court admitted certified convictions and other-acts evidence from 2009 and 2015 (not 2007), gave a limiting instruction on use under Evid.R. 404(B), and denied Crim.R. 29 motions; jury convicted and sentenced to 36 months (appeal follows).
- The majority affirmed: held the other-acts evidence was admissible to show intent and to rebut the accident theory, and that the evidence was sufficient and not against the manifest weight; a separate judge dissented, arguing intent/accident were not actually contested so admission was an abuse of discretion.
Issues
| Issue | State's Argument | Cleaves' Argument | Held |
|---|---|---|---|
| Admissibility of other-acts under Evid.R. 404(B) | 2009 & 2015 incidents (same victim, similar injuries) admissible to show intent, plan/modus operandi, and absence of mistake/accident | Evidence served only to show propensity/conformity (improper); "behavioral fingerprint" rule inapplicable unless identity contested | Court: Admissible; probative of intent and to rebut accident claim; limiting instruction given; no abuse of discretion |
| Sufficiency of evidence (Crim.R. 29) | 911 call, neighbor testimony, officer testimony, photos, living-together evidence, and prior convictions support elements including prior DV convictions elevating the charge | No eyewitness, victim denied the assault, victim’s disability/falls undermine proof | Court: Evidence sufficient when viewed in state's favor; denial of Crim.R. 29 proper |
| Manifest weight of the evidence | Corroborating evidence (911 recording, neighbors, photos, prior incidents) supports verdict | Victim’s denial, memory/fall history, and lack of direct eyewitness make conviction against weight | Court: Jury did not lose its way; conviction not against manifest weight |
Key Cases Cited
- State v. Williams, 983 N.E.2d 1278 (Ohio 2012) (three-step Williams test for admissibility of other-acts evidence under Evid.R. 404(B))
- State v. Curry, 330 N.E.2d 720 (Ohio 1975) (other-acts admissible only when relevant to material element)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (sufficiency standard: view evidence in light most favorable to prosecution)
- State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (manifest-weight standard; appellate court acts as thirteenth juror)
- State v. Blonski, 707 N.E.2d 1168 (Ohio Ct. App. 1997) (prior acts against same victim admissible to show intent)
- State v. Elliott, 633 N.E.2d 1144 (Ohio Ct. App. 1993) (for intent, other act must be reasonably close in time and involve a similar scheme)