State v. Henderson
2014 Ohio 3121
Ohio Ct. App.2014Background
- On June 20, 2013, S.C. accompanied appellant Johnnie Henderson (aka “Red Bone”) to his apartment after agreeing to help him walk home; appellant had given marijuana to a third person earlier.
- S.C. attempted to leave the apartment; appellant allegedly grabbed her, placed her in a chokehold, and later forced sexual intercourse and other sexual conduct (including use of a heated crack pipe) against her will.
- S.C. escaped, ran naked into the street, reported the rape to a bystander, called 911, and was taken to a hospital; police recovered S.C.’s clothing, phone, and a crack pipe from appellant’s apartment.
- Appellant gave a statement claiming the sex was consensual and part of a drug-for-sex arrangement; he was indicted for kidnapping, felonious assault, and two counts of rape.
- A jury convicted appellant of kidnapping (R.C. 2905.01(A)(4)) and one count of rape (R.C. 2907.02(A)(2)), acquitted him of felonious assault and the other rape count; the trial court mistakenly sentenced on the dismissed felonious-assault count instead of properly merging allied offenses.
- The Court of Appeals affirmed the convictions, found the sentencing entry contained a scrivener error and failed to merge allied offenses, reversed for resentencing, and split costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing entry improperly sentenced on a count of acquitted felonious assault and failed to merge allied offenses | State concedes scrivener error and that kidnapping and rape were allied; agreed to sentence on rape | Appellant argues court sentenced on wrong count and failed to merge, requiring resentencing | Court sustained error; remanded for resentencing to merge allied offenses and correct entry |
| Whether trial counsel’s failure to renew Crim.R. 29 motion at close of all evidence rendered counsel ineffective | State: sufficiency claim preserved by plea; no prejudice from failing to renew motion | Appellant: counsel’s omission waived sufficiency challenge and was ineffective under Strickland | Court held counsel not ineffective; sufficiency preserved on appeal and evidence viewed favorably to State was sufficient |
| Whether evidence was insufficient to support convictions (manifest weight/sufficiency) | State: victim’s testimony, 911 call, her conduct and physical evidence support convictions | Appellant: his statement claiming consensual sex and absence of physical injuries undermines victim’s credibility | Court found testimony credible, evidence sufficient; verdict not against manifest weight |
| Whether felonious assault acquittal undermines rape/kidnapping convictions | State: physical injury not required for rape/kidnapping; jury rejected assault but believed rape/kidnapping evidence | Appellant: acquittal on assault suggests inconsistency and weak proof of forcible compulsion | Court held acquittal on assault does not negate sufficiency of rape/kidnapping evidence; convictions affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard requires showing deficient performance and prejudice)
- State v. Jenks, 61 Ohio St.3d 259 (test for sufficiency of the evidence: viewing evidence in light most favorable to prosecution)
- State v. Jones, 91 Ohio St.3d 335 (failure to make Crim.R. 29 motion does not waive sufficiency argument on appeal)
- State v. Carter, 64 Ohio St.3d 218 (plea preserves claim of insufficiency despite not renewing Crim.R. 29 motion)
- State v. Hamblin, 37 Ohio St.3d 153 (presumption that licensed counsel is competent)
- State v. Bradley, 42 Ohio St.3d 136 (counsel effectiveness analysis in Ohio aligned with Strickland)
- Whitmeyer v. State, 20 Ohio App.3d 279 (discussed by appellant on waiver issue; Court distinguishes by citing Jones/Carter)