State v. Collins
2012 Ohio 2450
Ohio Ct. App.2012Background
- Appellant Jonathon Collins appeals after a joint bench trial with co-defendants, following a separate acquittal of a codefendant in a related case.
- Copper theft from an AEP substation, the resulting fire, and related damages were the basis for charges including vandalism, theft, and receiving stolen property.
- A van owned by Shane Copelan contained copper pieces and bolt cutters; four males, including Collins, were encountered.
- The State charged four defendants in an indictment; Copelan pled guilty later, Jason Collins was acquitted in a separate trial, and Appellant’s case proceeded after a de facto severance.
- The trial court allowed joint trial for Appellant with Joseph Collins; Counts One, Three, and Six merged for sentencing, with Appellant sentenced to three years on community control.
- The sole assignment of error challenges the trial’s validity due to the prior separate acquittal of a codefendant and asserts a violation of due process and R.C. 2945.13 and Crim.R. 14
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joint trial was barred by co-defendant’s separate acquittal | Collins argues joinder violated rights due to acquittal of Jason Collins | State contends no error; no prejudice shown; discretion to sever | No reversible error; trial court did not abuse discretion; affirm |
Key Cases Cited
- State v. Dunn, 2009-Ohio-1688 (5th Dist. 2009) (plain-error review for failed severance claims)
- State v. Morales, 2004-Ohio-3391 (5th Dist.) (plain-error standard and review for severance issues)
- State v. Barnes, (2002) 94 Ohio St.3d 21 (Ohio Supreme Court 2002) (plain-error review and miscarriage of justice principles)
- State v. Long, (1978) 53 Ohio St.2d 91 (Ohio Supreme Court 1978) (standard for plain error and exceptional circumstances)
- State v. Torres, 66 Ohio St.2d 340 (1981) (review of denial of severance and joinder discretion)
- State v. Jacocks, 2003-Ohio-6839 (5th Dist. 2003) (burden on defendant to show prejudice from joinder)
- State v. Vargas, 2002-Ohio-2478 (5th Dist. 2002) (evidence of prejudice from joinder)