State v. Davis
127 Ohio St. 3d 268
| Ohio | 2010Background
- Davis sexually abused his wife Alberta’s niece D.T.1 from 1999 to 2005, including rape and digital penetration, and fondled D.T.2 on separate occasions.
- In 2006 D.T.1 disclosed the abuse; police investigation led to a 31-count indictment for rape and gross sexual imposition.
- During trial, Alberta testified after a prior mistrial; the court did not inform her of her right to refuse to testify against her husband or determine that she elected to testify.
- The state elicited damaging testimony from Alberta, including a recorded conversation and admissions about prior lies and plans to discredit the victim; the jury convicted Davis on multiple counts and he was sentenced to life and fines.
- The Eighth District reversed the convictions, holding that the spousal testimony violated Evid.R. 601(B) because the trial court failed to inform competency or determine elective testimony.
- The Ohio Supreme Court held that reversal was improper without a plain-error analysis under Adamson, and remanded to determine whether but-for the error the trial outcome would differ and whether reversal is necessary to prevent a manifest miscarriage of justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is spousal testimony error structural or plain error? | State argues Evid.R. 601(B) violation is not structural; require plain-error analysis. | Davis argues the violation is reversible plain error and automatic reversal would follow Brown/Adamson language. | Not structural; plain-error analysis required. |
| What must an appellate court show in plain-error review for spousal testimony? | State contends the court should apply standard Adamson analysis to determine prejudice and necessity of reversal. | Davis contends the court’s reversal was improper absent explicit but-for outcome proof. | Appellate court must show but-for outcome change and need to prevent manifest miscarriage of justice. |
Key Cases Cited
- State v. Brown, 115 Ohio St.3d 55 (2007-Ohio-4837) (establishes the need for plain-error analysis and record on spouse’s election)
- State v. Adamson, 72 Ohio St.3d 431 (1995) (plain-error review for Evid.R. 601(B) competency issues)
- State v. Perry, 101 Ohio St.3d 118 (2004-Ohio-297) (structural-error framework and limits)
- State v. Long, 53 Ohio St.2d 91 (1978) (Crim.R. 52 plain-error standard)
- State v. Moreland, 50 Ohio St.3d 58 (1990) (plain-error standards for substantial rights)