State v. Conner
2014 Ohio 601
Ohio Ct. App.2014Background
- Conner was convicted in the Eighth District for aggravated murder, murder, felonious assault, discharge of a firearm on or near prohibited premises, and having a weapon while under disability, with Count 9 bifurcated.
- The offenses arose from a shooting at the Sirrah House nightclub in Cleveland on August 20, 2012, involving two competing groups and a fatal shooting of Damon Woodard.
- Key eyewitnesses identified Conner as the shooter, including Officers Przybylski, Dickens, and Saffo, who recovered the gun and matched clothing to Conner.
- Marquis Hollowell, initially deemed incompetent to stand trial, was ultimately called as a court’s witness and impeached with a prior statement played for the jury.
- Defendant moved for mistrial on four occasions; the court denied those motions, and the jury acquitted Conner of some counts while convicting on others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial motions properly denied? | State argues no abuse; motions were surrounding isolated errors. | Mistrials warranted due to prejudicial conduct and evidentiary issues. | Mistrial denials were within the trial court’s discretion. |
| Was Hollowell competent to testify and was his testimony properly impeached? | Hollowell was competent; his statements admissible for impeachment as a court’s witness. | Hollowell’s competence and impeachment were improper under due process and confrontation. | Court properly found Hollowell competent and properly impeached him via Evid.R. 614 and prior statements. |
| Sufficiency of the evidence for aggravated murder, murder, and felonious assault? | Evidence showed prior calculation and design; multiple eyewitness identifications. | Insufficient evidence and credibility concerns discount guilt beyond reasonable doubt. | Evidence sufficient to sustain convictions beyond a reasonable doubt. |
| Weight of the evidence support for convictions? | Substantial, credible eyewitness and forensic evidence support verdicts. | Witness credibility and crowd chaos undermine verdicts. | Convictions not against the manifest weight of the evidence. |
| Were the sentences properly entered, including allied offenses and consecutive terms? | Consecutive sentences upheld given the harm and multiple offenses; no required merge. | All allied offenses should merge; improper to impose consecutive terms. | Consecutive sentences affirmed; allied offenses properly analyzed and not merged. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (two-prong allied offenses test; conduct and animus analysis)
- State v. Washington, 137 Ohio St.3d 427 (2013) (two-prong test for allied offenses; articulate animus and conduct)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency of evidence standard)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (weight-of-the-evidence standard; credibility remains for jury)
- State v. Lott, 51 Ohio St.3d 160 (1990) (prosecutorial conduct closing arguments; fairness of trial standards)