State v. Harmon, 2013 Ohio 1769

Victim dated Harmon July 2010; living together since prior year.
Harmon was controlling; he monitored victim and restricted contact.
On July 17, 2010, Harmon attacked the victim, threatened to kill her.
He continued violence on the porch, then used a sharpened stick on her arm.
He subjected victim to arson, cigarette burns, sexual assault, and prolonged intimidation.
Victim sustained extensive injuries; multiple charges were brought including kidnapping, domestic violence, felonious assault, and arson.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether kidnapping count5 and felonious assault count7 merge	Harmon argues same conduct; separate animus.	Court should merge if allied offenses.	No merger; separate convictions maintained.
Whether felonious assault count7 and domestic violence count8 merge	State theory allows separate harms.	Minnow distinct harms require separate convictions.	No merger; separate convictions maintained.
Whether count4 dismissal after merging with count5 was proper	Merger should not require dismissal of merged count.	Dismissal appropriate post-merger.	Dismissal of count4 was error; cross-appeal needed to correct.

State v. Williams, 134 Ohio St.3d 482 (2012-Ohio-5699) (allied-offense review de novo for merging)
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (defines allied offenses and animus analysis)
State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (merger preserves guilt; post-merger sentencing)
State v. Carver, 2011-Ohio-5955 (2d Dist.) ( Logan-based analysis for prolonged restraint)
State v. Damron, 2012-Ohio-5977 (10th Dist.) (supports separate-animus reasoning)
State v. Washington, 2012-Ohio-2117 (9th Dist.) (guides allied-offense determination)
Greenlaw v. United States, 554 U.S. 237 ((U.S. 2008)) (cross-appeal principle for remedy)
Logan v. State, 60 Ohio St.2d 126 (1979) (prolonged restraint supports separate offenses)