State v. Crisp
2012 Ohio 1730
Ohio Ct. App.2012Background
- Amber Howard, a 21-year-old pregnant mother, disappeared in 2007 and her remains were found in Shawnee State Park.
- DNA and blood matching were found in Crisp’s former rental home and in his Geo Tracker, connecting Crisp to the crime scene.
- Convictions include: murder by termination of pregnancy (Count Two), felonious assault on the unborn fetus (Count Four), murder of Howard (Count One), tampering with evidence (Count Six), and gross abuse of a corpse (Count Eight).
- The trial court merged Count Three (felonious assault) into Count One (murder) but did not merge the other counts; Crisp appealed arguing the counts should merge under R.C. 2941.25.
- The court remanded for resentencing on Counts Two and Four, and separately remanded due to merger issues on Counts Six and Eight; judgment affirmed in part and reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should Counts Two and Four merge at sentencing? | Crisp contends these are allied offenses with same animus. | State concedes potential merger for these offenses. | Yes; merger required for Counts Two and Four. |
| Should Counts One and Two merge as murder and murder by unlawful termination of pregnancy? | Crisp argues same conduct and animus. | State argues separate societal interests justify multiple punishments. | No merger; separate societal interests justify multiple punishments. |
| Should Counts Six and Eight merge as tampering with evidence and gross abuse of a corpse? | Crisp argues same conduct supports both charges. | State concedes same conduct could support both. | Yes; merger required for Counts Six and Eight. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (overruled abstract element comparison; conduct-based merger analysis)
- State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (abstract element-based merger test (overruled))
- State v. Cabrales, 118 Ohio St.3d 54 (2008-Ohio-1625) (adopted Johnson’s conduct-based approach to merger)
- State v. Blankenship, 38 Ohio St.3d 116 (1988-Ohio) (two-step merger analysis (elements then conduct))
- State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (legislative intent and societal interests guide merger)