State v. Daniels
2011 Ohio 6414
Ohio Ct. App.2011Background
- M.S. is a fifty-year-old resident of a group home in Akron with multiple mental health diagnoses and mild mental retardation (IQ 58) who requires guardianship and round-the-clock care.
- In May 2010, after her husband’s death, M.S. was placed in a skilled nursing facility where Daniels worked as a night-shift nursing assistant.
- M.S. informed a custodial worker on May 3, 2010 that she had been raped and identified Daniels as the perpetrator.
- DNA testing of semen on sheets from M.S.’s bed matched Daniels with statistical certainty.
- Daniels was charged with three counts of rape under R.C. 2907.02(A)(2) and three counts under R.C. 2907.02(A)(1)(c); the jury convicted him on all six counts.
- The trial court merged the three A(2) convictions into the A(1)(c) convictions for sentencing and imposed an aggregate 20-year term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for substantial impairment | Daniels argues MS was not substantially impaired nor that he knew of impairment. | Daniels contends insufficient evidence to prove substantial impairment or knowledge. | Sufficient evidence supported substantial impairment and awareness. |
| Weight of the evidence | Daniels asserts the verdicts are against the weight of the evidence. | Daniels claims the evidence does not support the verdicts. | Claim deemed not argued as weight-of-evidence; overruled. |
| Merger for sentencing under allied offenses | Daniels argues all rape counts should merge for sentencing. | Daniels contends misapplication of merger due to allied offenses. | Johnson merger issue remanded for first-time consideration; assignment sustained. |
Key Cases Cited
- State v. Williams, 9th Dist. No. 24731, 2009-Ohio-6955 (9th Dist. 2009) (sufficiency review; de novo standard)
- State v. Thompkins, 78 Ohio St.3d 380, 386 (Ohio Supreme Court 1997) (standard for sufficiency of evidence; beyond a reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259, 273 (Ohio Supreme Court 1991) (credibility not evaluated on sufficiency review)
- State v. Zeh, 31 Ohio St.3d 99, 103-104 (Ohio Supreme Court 1987) (definition of 'substantially impaired' in common usage)
- State v. Ahmed, 8th Dist. No. 84220, 2005-Ohio-2999 (8th Dist. 2005) (substantial impairment proven without expert testimony)
- State v. Tate, 8th Dist. No. 77462, at *3 (8th Dist. 2000) (common approach to substantial impairment testimony)
- State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314 (Ohio Supreme Court 2010) (allied offenses of similar import; conduct-based merger)