State v. Coleman
2015 Ohio 4491
Ohio Ct. App.2015Background
- Defendant Dedric Coleman was charged with rape, gross sexual imposition (GSI), and kidnapping; sexually violent predator specifications were included. After a July 2014 trial, Coleman was acquitted of rape and kidnapping; the jury deadlocked on GSI and a mistrial was declared.
- A second jury trial in September 2014 convicted Coleman of gross sexual imposition involving a child under 13; the court found him a sexually violent predator and later sentenced him to five years to life.
- The victim (age 7 at time of offense) testified at the first trial that Coleman pulled down her underwear, lifted her nightgown, squeezed her buttocks, used an expletive, and attempted to get on top of her; that testimony was read to the second jury when the child would not testify in person.
- Physical and forensic evidence was unremarkable: no injuries were found and DNA testing produced no conclusive genetic material from Coleman.
- Coleman admitted he sat/lay on the child’s bed and pushed the child to make room but denied removing clothes or committing sexual contact as alleged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support GSI conviction | State: Victim’s prior testimony established sexual contact (buttocks touching and digital penetration) with a child under 13; that alone satisfies elements. | Coleman: Lack of DNA, no corroboration from sibling, and witness inconsistencies render evidence insufficient. | Overruled — viewed in light most favorable to State, the victim’s testimony was sufficient for a rational trier of fact to convict. |
| Manifest weight of the evidence | State: Consistent core account (underwear down, nightgown lifted, buttocks touched, expletive) and Coleman’s admission he touched the child on the bed support jury credibility determinations. | Coleman: Witness credibility problems and inconsistencies in the victim’s statements undermine the verdict. | Overruled — appellate court found jury did not lose its way; conviction not a miscarriage of justice. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (standard for reviewing sufficiency of the evidence)
- State v. Jenks, 61 Ohio St.3d 259 (standard for weighing sufficiency—Jackson/Jenks framework)
- State v. Dunlap, 129 Ohio St.3d 461 (mental state for GSI is purposeful)
- State v. DeHass, 10 Ohio St.2d 230 (trial court credibility determinations given deference on appeal)
- State v. Cobb, 81 Ohio App.3d 179 (permitting inference of sexual intent from type and circumstances of contact)