State v. Jali
2020 Ohio 208
Ohio Ct. App.2020Background:
- On June 28, 2018, Dayton Police Officer Alaina Hammond worked undercover as a decoy in a known high‑prostitution area; Detective Bailey monitored and interviewed suspects nearby.
- Hammond approached Abdalla S. Jali at a bus stop; after brief conversation Jali invited her to sit, asked if she had a boyfriend, said “you know what I want,” and expressly said “Sex I was thinking.”
- Hammond asked how $20 sounded; Jali twice indicated $20 was "not too much," and Hammond then signaled for his arrest. No audio/video recording of the encounter was made.
- Jali, a Sudanese refugee who primarily spoke Arabic, testified he misunderstood references to money and denied offering payment; he admitted asking for sex but said he did not solicit sex for hire.
- Jali was convicted by a jury of solicitation (not loitering), sentenced to jail time suspended, probation, community service, testing, and fines; he appealed asserting entrapment/insufficiency/manifest‑weight error and erroneous exclusion of a written exhibit.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient / conviction against manifest weight because of entrapment | State: Jali solicited sex for hire—he initiated contact, asked to "go with" her, said he wanted sex, and twice confirmed $20; entrapment is an affirmative defense for jury to resolve | Jali: Officer induced the crime by introducing money; language barrier caused misunderstanding (thought "twenty" meant kisses/pounds); he never offered money and lacked predisposition | Court: Affirmed — evidence sufficient and not against manifest weight; jury credited officer; entrapment not shown because solicitation (including counteroffers) established and predisposition is an evidentiary issue for jury |
| Whether trial court erred excluding Defendant's Exhibit A (handwritten English/Arabic note) | State: Exhibit was self‑serving hearsay and cumulative | Jali: Exhibit would show his English proficiency and reinforce his testimony about using written translations when calling police | Court: No error — exhibit marginally relevant and cumulative of Jali's testimony; exclusion was within trial court's discretion |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (standard for manifest‑weight review)
- State v. Swann, 142 Ohio App.3d 88, 753 N.E.2d 984 (discusses solicitation as the asking and entrapment arguments)
- State v. Howard, 7 Ohio Misc.2d 45, 455 N.E.2d 29 (entrapment when police originate the criminal idea)
- State v. Drummond, 111 Ohio St.3d 14, 854 N.E.2d 1038 (appellate deference on manifest‑weight review)
- State v. Sage, 31 Ohio St.3d 173, 510 N.E.2d 343 (trial court's discretion on admitting evidence)
