State v. Davenport
2011 Ohio 4635
Ohio Ct. App.2011Background
- Indictment charged Davenport with four counts of aggravated murder with a felony-murder specification, one count of aggravated robbery, and one count of aggravated burglary; firearm specifications attached.
- State dismissed felony-murder specifications and one aggravated-murder count prior to trial.
- Ten witnesses testified; Davenport and codefendants Adams and McClutchen robbed Hairston at a boarding house in East Cleveland on Jan 16, 2009; Davenport kicked open Grisette’s door and fired a shot, killing Grisette.
- Codefendants Adams and McClutchen corroborated that Davenport fired during the robbery and stated Davenport intended to shoot anything that moved.
- Jury found Davenport guilty of the lesser offense of murder and the other charged counts; trial court sentenced him to 25 years to life.
- Davenport challenged a peremptory strike against juror 7 as racially discriminatory, and challenged sufficiency and weight of the evidence; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge to peremptory strike | State contends strike of juror 7 was race-neutral | Davenport argues the strike was racially motivated and not neutral | Batson challenge fails; court affirms denial of defense strike against juror 7. |
| Sufficiency of the evidence | State argues evidence supports each element beyond a reasonable doubt | Davenport argues insufficiency to sustain convictions | Evidence viewed in prosecution’s favor supported all essential elements; motion for acquittal properly denied. |
| Manifest weight of the evidence | State asserts the jury’s credibility determinations support guilt | Davenport asserts the evidence was not credible and weight favors defendant | No reversible error; not against the weight of the evidence; verdict not reversed. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits purposeful discrimination in peremptory challenges)
- State v. Frazier, 2007-Ohio-5048 (Ohio Supreme Court 2007) (three-step Batson framework in Ohio)
- State v. Bryan, 2004-Ohio-971 (Ohio Supreme Court 2004) (requires racially neutral explanation for peremptory strike)
- State v. Herring, 2002-Ohio-796 (Ohio Supreme Court 2002) (third-step evaluation of discrimination based on all circumstances)
- Collins v. Rice, 546 U.S. 333 (U.S. 2006) (ultimate burden rests with opponent; pretext evaluation)
- Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (pretextual race-neutral explanations must be scrutinized)
- State v. Were, 118 Ohio St.3d 448, 890 N.E.2d 263 (Ohio 2008) (appellate review of Batson rulings is deferential)
- Gowdy, 2000-Ohio-St-387 (Ohio 2000) (contextual evaluation of the race-neutral explanation)
- Hernandez, 63 Ohio St.3d 577 (Ohio 1992) (early framework for Batson analysis in Ohio)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (test for sufficiency of evidence; rational trier of fact)