State v. Gunn
2021 Ohio 2253
| Ohio Ct. App. | 2021Background
- Andrew Gunn was indicted for one count of robbery (R.C. 2911.02(A)(2)), arising from an incident on Sept. 25, 2019: he took his girlfriend S.B.’s car keys, drove off from a store, and during the departure S.B. was struck and knocked down by the open car door; a high-speed police chase ended when Gunn crashed.
- S.B. signaled a Dollar General clerk for help while at the register; surveillance, clerk testimony, officer bodycam, and photographs were admitted; S.B. later wrote a notarized letter and communicated frequently with Gunn after the incident.
- Gunn was tried by a jury in Lucas County; the State used a peremptory strike to remove an African‑American venireperson, prompting a Batson challenge which the trial court denied.
- The jury convicted Gunn of robbery; court sentenced him to a minimum of six years. Gunn appealed, raising three issues: (1) Batson challenge denial; (2) insufficiency of evidence supporting robbery; (3) manifest weight of the evidence.
- The Sixth District Court of Appeals affirmed, finding the prosecutor’s race‑neutral explanation credible and that the record supported robbery both as to lack of consent and threat/intimidation.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gunn) | Held |
|---|---|---|---|
| 1) Validity of Batson challenge denial | State: peremptory strike was race‑neutral because juror had recently served on a criminal jury that returned a not guilty verdict despite similar evidence, suggesting she might hold State to a higher standard | Gunn: strike was racially motivated because juror was African‑American and State wanted to remove a juror of same race as defendant | Held: Denial affirmed — court found a prima facie case met but State offered a race‑neutral reason and the trial court’s credibility finding was not clearly erroneous |
| 2) Sufficiency of evidence for robbery (theft + threat/intimidation) | State: evidence supported robbery via lack of consent and threat/intimidation (physical harm, coercion to obtain keys/money, gestures for help, clerk/ officer testimony, videos) | Gunn: S.B. gave him keys and had allowed him to drive before; actions were to get him help, not to steal the car; no proof of deception/threat beyond consensual use | Held: Sufficiency affirmed — viewed in State’s favor, a rational trier of fact could find theft without consent and threat/intimidation proven |
| 3) Manifest weight of the evidence | State: jury credited the corroborating evidence (video, clerk, officers) over inconsistencies and S.B.’s later recantation; no miscarriage of justice | Gunn: S.B.’s testimony denied robbery; inconsistencies show verdict against the weight of the evidence | Held: Manifest weight challenge rejected — credibility/resolution of conflicts were for the jury and this is not an exceptional case warranting a new trial |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (three‑step test for assessing racial discrimination in peremptory challenges)
- Hernandez v. New York, 500 U.S. 352 (U.S. 1991) (trial court evaluates credibility of prosecutor's race‑neutral explanation)
- Hicks v. Westinghouse Materials Co., 78 Ohio St.3d 95 (Ohio 1997) (applies Batson framework in Ohio)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest‑weight review and extraordinary‑case standard)
- State v. Lang, 129 Ohio St.3d 512 (Ohio 2011) (discussion/quotation of manifest‑weight standard)
- State v. Thompson, 141 Ohio St.3d 254 (Ohio 2014) (deferential review: trial court Batson findings not reversed unless clearly erroneous)