State v. Davis
2019 Ohio 4692
Ohio Ct. App.2019Background
- On Oct. 31, 2016, Bryan Woodson was shot multiple times and killed in the Water's Edge apartment complex; he sustained numerous gunshot wounds including to the head. Three men were involved: defendants Daiquan Hughes, Devon Kyles, and Ray C. Davis Jr. (appellant).
- Multiple eyewitnesses (Michael Bridges, Tyrone Blake, Victoria Moore, Carolyn Davidson) observed shots fired, a beating/robbery of Woodson, and two men repeatedly running to and from the area near appellant’s apartment; Bridges and Blake placed appellant at the bottom of the stairwell handing something to one shooter before additional shots were fired.
- Woodson’s girlfriend Rita Blackwell testified about an earlier confrontation and later identified appellant from a photo array as one of the men who approached them prior to the shooting.
- Kyles and Hughes pleaded guilty during trial (one after jury selection, one after opening testimony); the trial court instructed the jury to disregard those pleas as evidence against Davis and denied Davis’s requests for a new venire or mistrial.
- A jury convicted Davis of aggravated murder, murder, aggravated robbery, and he was found guilty of having a weapon while under disability; the court imposed an aggregate sentence of 33 years to life (30-to-life for aggravated murder consecutive to a 3-year firearm spec).
- On appeal Davis challenged (1) denial of a new jury pool/mistrial, (2) denial of Crim.R. 29 motion (sufficiency), and (3) that the verdicts were against the manifest weight of the evidence. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by denying a mistrial or new venire after two co-defendants pled guilty during trial | The State argued curative instructions suffice and the trial court has discretion to refuse mistrial/new venire | Davis argued pleas tainted jury impartiality; only a new panel or mistrial could cure prejudice | Denied abuse of discretion; curative instructions were adequate and jurors presumed to follow them |
| Whether evidence was legally sufficient to convict Davis of aggravated murder, murder, aggravated robbery, and related specs (Crim.R. 29) | State maintained eyewitness testimony (esp. Bridges) supported accomplice liability and proved purposeful killing with prior calculation and/or while committing aggravated robbery; other witnesses corroborated movements to/from Davis’s apartment | Davis argued evidence showed mere presence and identification issues; State failed to prove prior calculation or aiding/abetting beyond presence | Evidence sufficient: Bridges’s testimony permitted reasonable inference Davis aided/encouraged the shooters; convictions upheld |
| Whether verdicts were against the manifest weight of the evidence | State argued testimony corroboration and jury credibility findings supported convictions | Davis pointed to inconsistent witness accounts and identification issues to contend guilt conclusions were unreliable | Not against manifest weight: appellate court deferred to jury credibility determinations and found no miscarriage of justice |
Key Cases Cited
- United States v. Walker, 1 F.3d 423 (6th Cir. 1993) (approving denial of new venire/mistrial when codefendants pled guilty during jury selection and curative instruction given)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (defining abuse of discretion standard)
- Arizona v. Washington, 434 U.S. 497 (U.S. 1978) (mistrial should be used with great caution; only for urgent and plain causes)
- State v. Cotton, 56 Ohio St.2d 8 (Ohio 1978) (prior calculation and design for aggravated murder may be inferred from facts showing time and opportunity to plan)
- State v. Lott, 51 Ohio St.3d 160 (Ohio 1990) (circumstantial evidence can sustain conviction)