State v. Hare
108 N.E.3d 172
Ohio Ct. App.2018Background
- On Dec. 4, 2015, Prentiss Hare, Donald Walton, Sylvester Howard, Ashley Cromlish, and victim Dashun Lumford were together; Hare and Lumford had exchanged/used crack cocaine that day and Hare later became angry about being sold bad crack.
- Witnesses (Howard, Walton, Cromlish) described Hare suddenly grabbing Lumford from behind and strangling him; Lumford’s body was later found behind a nearby store with pants removed and a neck abrasion.
- A blue-jeans piece linked to Lumford was found under the sink in Walton’s duplex; Hare’s phone contained a text: “Lol oops I did it again….”; a witness (Wheeler) testified Hare confessed "affixiation."
- Autopsy by Dr. Robert Schott ultimately concluded strangulation (petechial hemorrhages, neck abrasion) and ruled out overdose despite toxicology showing high levels of cocaine, fentanyl, and heroin; defense experts disputed strangulation and emphasized potentially lethal drug levels.
- Jury acquitted Hare of purposeful murder but convicted him of aggravated robbery and felony murder (based on aggravated robbery); court merged counts and sentenced Hare to 26 years to life.
- Hare appealed raising six assignments of error: sufficiency challenges to aggravated robbery and felony murder, manifest-weight challenge to cause of death, Evid.R. 404(B) other-acts admission, improper exclusion from portions of trial, and ineffective assistance of counsel; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hare) | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated robbery | Evidence (witnesses, missing money, jeans under sink, post-event beer purchase) supports that Hare took Lumford’s money while inflicting serious physical harm | No evidence Hare took or attempted to take property from Lumford | Conviction upheld — evidence sufficient |
| Sufficiency of evidence for felony-murder (predicate aggravated robbery) | Felony-murder supported because aggravated robbery conviction is supported | Felony-murder fails if aggravated robbery insufficient | Conviction upheld — follows aggravated robbery ruling |
| Cause of death: strangulation vs. overdose (manifest-weight) | Medical findings (petechiae, neck abrasion), eyewitness accounts, confession support strangulation as cause | Defense experts argued lack of neck injuries and lethal/toxic drug levels point to overdose | Jury credited State experts/witnesses; appellate court found no manifest miscarriage of justice and affirmed strangulation finding |
| Admission of "other acts" evidence (Evid.R. 404(B)) | Testimony about drug use, threats, food-stamp sale, and "I did it again" were relevant for motive, context, consciousness of guilt, or admissions | Such evidence unfairly prejudiced Hare and suggested prior bad acts | Admission not plain error: evidence was admissible for legitimate purposes and/or invited; no prejudice shown |
| Defendant’s absence from jury view and exhibit conference (Crim.R. 43) | Presence was waived on the record by defense counsel; absence did not prejudice Hare | Hare contends exclusion violated right to be present | Waiver and lack of prejudice: appellate court affirmed waiver and found no reversible error |
| Ineffective assistance for not objecting to other-acts evidence | Trial counsel’s choices were reasonable trial strategy; many items were admissible or elicited by defense; no prejudice shown | Failure to object amounted to deficient representation that prejudiced Hare | Claim rejected: counsel’s performance reasonable and no prejudice to outcome |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishing sufficiency and manifest-weight review)
- State v. Montgomery, 148 Ohio St.3d 347 (2016) (deference to jury credibility determinations)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weighing testimony are jury functions)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Strickland standard adopted for ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test for ineffective assistance of counsel)
- State v. Barnes, 94 Ohio St.3d 21 (2002) (plain-error standard under Crim.R. 52(B))
- State v. Williams, 134 Ohio St.3d 521 (2012) (Evid.R. 404(B) other-acts framework)
- State v. Hawn, 138 Ohio App.3d 449 (2000) (limits on admitting prior-acts evidence when independent of charged offense)