State v. Gunter, 2011 Ohio 3388

Defendant Jerry Gunter charged December 9, 2009 with rape, kidnapping, and gross sexual imposition of his 11-year-old cousin J.G.
Case proceeded to bench trial; August 26, 2010, trial court found defendant guilty as indicted.
Defendant sentenced to ten-years-to-life for rape and kidnapping, and one year for gross sexual imposition, to run concurrently.
DNA and forensic evidence linked defendant to vaginal/genital contact with J.G.; two DNA profiles found, one consistent with defendant.
Defendant testified he was coerced by a cousin Bernard and that Bernard pressured him to place sperm on J.G.’s belongings; defense contends alternative explanations and lack of corroboration.
On appeal, defendant asserts the verdict was against the sufficiency and manifest weight of the evidence; the appellate court reviews both standards de novo for sufficiency and as the thirteenth juror for weight.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and weight of evidence for rape, kidnapping, and GSI	Gunter argues evidence fails to prove elements	Gunter argues the verdict rests on unreliable credibility	Convictions affirmed; sufficient and not against weight

State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court 1991) (standard for sufficiency of the evidence: reasonable doubt after viewing in pro prosecution’s light)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (test for manifest weight: thirteenth juror balancing credibility and evidence)
State v. Logan, 60 Ohio St.2d 126 (Ohio Supreme Court 1979) (no movement needed; restraint suffices for kidnapping; implicit in forcible rape)
State v. Martin, 2008-Ohio-5263 (Ohio App. 2008) (credibility determination preserved on review)
Myers v. Garson, 66 Ohio St.3d 610 (Ohio Supreme Court 1993) (credibility of testimony and deference to trial court findings)