State v. Gibson
2016 Ohio 7629
| Ohio Ct. App. | 2016Background
- On Sept. 21, 2015, homeowner Junior Neal observed a white pickup leaving his driveway and identified Travis Gibson as the driver; Neal later discovered items missing from his garage.
- Neal told police Gibson had been to his house before; some stolen items were later recovered and reported purchased by Delbert Harless from Gibson.
- Gibson was arrested; he claimed an arrangement with Neal to take items to sell, which Neal denied.
- Gibson was indicted on one count of breaking and entering (felony 5th) and one count of theft (1st-degree misdemeanor); a jury convicted him and the court sentenced him to 12 months.
- At trial, after direct and cross-examination of Neal, the prosecution conducted redirect; defense requested recross but the trial court denied it.
- On appeal Gibson argued the denial of recross violated his Sixth Amendment confrontation right; the appellate court reviewed for abuse of discretion and, because no contemporaneous objection was made, for plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of defense recross after prosecution redirect violated the Sixth Amendment confrontation right | State: Redirect did not raise new matters beyond cross; trial court properly exercised discretion to deny recross | Gibson: Prosecutor elicited new material on redirect (prior break-in, insurance report, prior dealings), so recross was required to test new evidence | Court: No abuse of discretion and no plain error; redirect did not present new matters and, even if it did, any error did not affect substantial rights; conviction affirmed |
Key Cases Cited
- Faulkner v. State, 56 Ohio St.2d 42 (Ohio 1978) (recross required only when prosecution raises new matters on redirect; extent of recross is within trial court discretion)
- Davis v. Alaska, 415 U.S. 308 (U.S. 1974) (cross-examination is essential to testing witness reliability)
- Barnes v. State, 94 Ohio St.3d 21 (Ohio 2002) (plain-error standard elements for criminal cases)
- United States v. Morris, 485 F.2d 1385 (5th Cir. 1973) (discipline of redirect: ideally no new material; recross permitted if new matters arise)