State v. Howard, 2014 Ohio 3373

Victim S.L., a 13-year-old girl, reported two rapes by John Howard: one several months earlier and another on March 27, 2011; she immediately reported only the March incident.
On March 27, S.L. testified Howard confronted her on the street displaying a handgun, escorted her to his home, locked the door, threatened to shoot her family, and forced oral and vaginal intercourse.
Police, a sexual-assault nurse examiner, and BCI forensic analysts investigated; multiple guns were recovered from Howard’s home; rape-kit testing found no semen but amylase and mixed DNA consistent with Howard and S.L. on clothing items (bra and underwear).
Defense presented evidence of S.L.’s significant psychiatric history and argued the DNA could be transfer from consensual contact (kissing, touching) and challenged S.L.’s credibility and consistency.
A jury acquitted Howard of charges related to the earlier alleged rape but convicted him of kidnapping (with specifications), rape (with firearm specification), and intimidation related to the March 27 incident; trial court imposed consecutive sentences totaling 13 years.
On appeal, Howard raised (1) allied-offenses/merger error (rape and kidnapping), (2) sufficiency of the evidence, and (3) manifest-weight challenge; the Ninth District affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict of rape, kidnapping, intimidation	State: S.L.’s testimony, corroborated by officer interviews, nurse examiner observations, and DNA on clothing, is sufficient	Howard: No independent corroboration of kidnapping in daylight; his testimony rebuts S.L.	Conviction supported; viewing evidence most favorably to State, any rational trier of fact could convict (sufficiency upheld)
Manifest weight of evidence	State: jury credibility findings reasonable given witnesses and forensic results	Howard: S.L. has psychiatric diagnoses and inconsistent statements; jury erred to believe her	Not an exceptional case; jury did not clearly lose its way; convictions not against manifest weight
Allied-offenses/merger (rape vs. kidnapping)	State: kidnapping and rape were separate crimes because the victim was forced from public street into private home, restrained secretly, and subjected to independent risk	Howard: kidnapping is implicit in forcible rape and should merge with rape	Court: Logan test applied; kidnapping was secretive/separate and completed prior to sexual assault — offenses do not merge
Firearm specification and consecutive sentencing	State: specification supported by testimony that Howard displayed a gun and threatened shooting	Howard: challenged evidence and duplicative punishment	Firearm specification and consecutive service affirmed as supported by verdict and sentencing findings

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (defines sufficiency of evidence standard and weight review distinction)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review: view evidence in light most favorable to prosecution)
State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (two-part allied-offenses test: possibility-of-commit-by-same-conduct and same-conduct/single-animus inquiry)
State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (kidnapping and rape separate where restraint is prolonged, secretive, substantial, or increases risk of harm)
State v. Otten, 33 Ohio App.3d 339 (Ohio Ct. App. 1986) (appellate review for manifest weight; court as thirteenth juror only in exceptional cases)