State v. Harris
2020 Ohio 1497
Ohio Ct. App.2020Background
- Defendant Dwayne Harris was indicted on 19 counts (rape, kidnapping, gross sexual imposition) involving three sisters under 13; following trial many counts were dismissed and Harris was convicted on Counts 7, 9, 10, and 11 (all involving K.P.); sentences merged and Harris received concurrent terms (10 years to life and 3 years).
- Victim K.P. (born 2007) testified Harris moved in when she was 9 and, during 2017–2018, engaged in sexual acts: licking her chest (summer 2017), attempting to insert his genitals (summer 2017), and touching her genital area through pants in June 2018; she also testified Harris choked her when she disclosed.
- Mother observed K.P. upset after a basement incident, confronted Harris, then moved the children and took K.P. for medical care the next day.
- A pediatric SANE nurse interviewed and examined K.P.; K.P. reported the incidents to medical personnel and circled the breast/chest and vaginal areas on a body diagram.
- DNA analysis of K.P.'s underpants recovered an unknown male DNA mixture characterized as likely touch DNA.
- On appeal Harris argued (1) insufficiency of the evidence for Counts 7 and 9 and (2) that the convictions (Counts 7, 9, 10, 11) were against the manifest weight of the evidence; the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Harris) | Held |
|---|---|---|---|
| Sufficiency of evidence for gross sexual imposition (Count 7) and related kidnapping (Count 9) | Testimony, SANE report, and touch DNA, if believed, establish sexual contact (licking chest) and support kidnapping conviction | Victim did not describe touching of breasts; chest was undeveloped and not an erogenous zone; evidence insufficient | Affirmed. Victim's testimony that Harris licked her chest constituted sexual contact under R.C. 2907.05(A)(4); statute covers prepubescent chest area and evidence was sufficient |
| Manifest weight of the evidence for convictions on Counts 7, 9, 10, 11 | Victim's detailed testimony and corroboration by SANE and mother supported credibility | Testimony was inconsistent, uncorroborated by eyewitnesses or physical evidence; court lost its way | Affirmed. Court found factfinder did not clearly lose its way; inconsistencies and lack of physical corroboration do not make convictions against manifest weight when victim is credible |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991) (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (distinguishes sufficiency review from manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172, 485 N.E.2d 717 (1983) (articulates the manifest-weight standard and rare use of new-trial discretion)