2018 Ohio 4189
Ohio Ct. App.2018Background
- Adam M. Devore was indicted on one count of rape (first-degree felony), one count of abduction (third-degree felony), and one count of domestic violence (third-degree felony) for conduct in January 2017; he pled not guilty and went to jury trial pro se with standby counsel.
- The victim testified that Devore lived with her, performed household chores, provided money occasionally, and they had sexual relations beginning April 2016; he stayed at her home nightly from May 2016 until the incident.
- The victim described a violent episode in January 2017 in which Devore choked and struck her, restrained her on a couch, threatened her life, and forced sexual contact involving punches to her genital area and digital penetration; she and her children escaped when Devore left to get cigarettes and called police.
- Medical/forensic examiners observed facial and other bruising and vaginal tenderness but no definitive penetrating injury; the SAFE nurse and nurse practitioner testified to observations consistent with the victim’s report but not definitive trauma.
- Devore was acquitted of rape but convicted of abduction and domestic violence; the trial court sentenced him to consecutive maximum terms totaling 72 months.
- On appeal Devore raised four assignments: (1) abduction was against the manifest weight of the evidence; (2) insufficient evidence supported domestic-violence conviction because he was not a family/household member; (3) trial court abused discretion by permitting the State to reopen its case to add prior-conviction identifiers; (4) maximum and consecutive sentences unsupported by the record.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Devore) | Held |
|---|---|---|---|
| Whether abduction conviction was against manifest weight | Evidence showed Devore forcibly restrained victim, choked her, threatened her life and prevented her from leaving — supports abduction under R.C. 2905.02(A)(2) | Victim was free to leave her home and not meaningfully restrained | Court: Evidence credible that Devore restrained victim and placed her in fear; not against manifest weight — conviction affirmed |
| Whether domestic-violence conviction supported by sufficient evidence of "family or household member" status | Testimony showed cohabitation, shared household duties, sexual relations and Devore spent ~90% of time at victim’s home — satisfies cohabitation definition | Argued record lacked proof Devore was a family/household member | Court: Unrefuted testimony of living together and McGlothan precedent suffice; conviction supported |
| Whether trial court abused discretion in allowing State to reopen to elicit identifiers linking prior convictions | State sought to provide identifying details after court excluded certified convictions for lack of identifiers; reopening permitted to cure deficiency | Argued reopening was unjustified and prejudicial | Court: Reopening within trial court discretion and not arbitrary; no abuse of discretion |
| Whether maximum and consecutive sentences were unsupported | State argued court made required statutory findings, considered R.C. 2929.11/12 and relied on defendant’s history and seriousness factors | Devore argued sentences were excessive and inconsistent with sentencing guidelines | Court: Sentences within statutory range; court made required findings for consecutive terms and adequately considered statutory factors — sentences affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (explains manifest-weight standard)
- State v. Jenks, 61 Ohio St.3d 259 (defines sufficiency-of-evidence standard)
- State v. Williams, 79 Ohio St.3d 459 (factors for cohabitation and "person living as a spouse")
- State v. McGlothan, 138 Ohio St.3d 146 (holding that evidence a defendant was the victim's boyfriend and lived with victim can establish cohabitation)
- State v. Marcum, 146 Ohio St.3d 516 (standard of review for felony sentences on appeal)
- State v. Bonnell, 140 Ohio St.3d 209 (trial court must make R.C. 2929.14(C)(4) findings for consecutive sentences but need not state reasons)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard)
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear-and-convincing evidence)