State v. Gilcreast
2011 Ohio 2883
Ohio Ct. App.2011Background
- May 5, 2009, police encountered Gilcreast outside his Brittain Road apartment after Edwards reported being assaulted.
- Edwards had facial injuries; she told officers Gilcreast attacked her and wanted to press charges.
- May 20, 2009, grand jury indicted Gilcreast on two counts of domestic violence (R.C. 2919.25(A) and (C)).
- February 3, 2010, State sought to call Edwards as a witness under Evid.R. 614; court held in abeyance until trial and then examined Edwards.
- May 18, 2010, Edwards testified; the jury heard testimony from multiple witnesses corroborating Edwards’ identification of Gilcreast as her attacker.
- Gilcreast was convicted on both DV counts, found with three prior DV convictions, and sentenced to a total of eight years (consecutive to another case).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion in calling Edwards under Evid.R. 614(A). | State urged court to call Edwards as its own witness due to anticipated changes in testimony. | Gilcreast argued there was no surprise, so no basis to treat Edwards as a court’s witness. | No abuse; court permissible to call Edwards as its own witness. |
| Whether the convictions are against the manifest weight of the evidence. | State contends evidence supports guilt beyond reasonable doubt. | Gilcreast argues testimony recantation shows lack of guilt. | Convictions not against the manifest weight; evidence supports the verdict. |
Key Cases Cited
- State v. Apanovitch, 33 Ohio St.3d 19 (1987) (cross-examination of witnesses; Evid.R. 614(A))
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard in appeals from trial court rulings)
- Otten v. State, 33 Ohio App.3d 339 (1986) (thirteenth juror standard for manifest weight review)
- State v. Arnold, 2010-Ohio-5379 (Ohio 2010) (victim recantation credibility and trial testimony contrasted)
- State v. Lather, 2007-Ohio-2399 (Ohio 2007) (court's discretion on Evid.R. 614 and witness treatment)
- State v. Brown, 2011-Ohio-1041 (Ohio 2011) (credibility and recantation as factors for manifest weight review)