State v. Johnson
2011 Ohio 3623
Ohio Ct. App.2011Background
- Seven-week-old N.J. sustained 13 fractures and multiple old fractures while in Johnsons' care; Johnson was primary caregiver.
- N.J. presented with a displaced humerus and other injuries; various doctors suspected non-accidental trauma but ruled out certain bone disorders.
- Grand Jury indicted Brian Johnson on three counts of felonious assault and five counts of child endangering; Mrs. Johnson faced two counts of child endangering.
- Jury convicted Johnson on two felonious assault counts and all five child endangering counts; Johnson was sentenced to 20 years.
- Johnson appeals on multiple grounds including verdict form sufficiency, prosecutorial misconduct, ineffective assistance, sufficiency/weight of evidence, inconsistent verdicts, and allied offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Verdict forms and degree elevation | Johnson | Johnson | Section 2945.75(A)(2) applies; verdicts must show degree or aggravating element |
| Sufficiency of evidence for felonious assault and child endangering | Johnson | Johnson | Convictions supported; multiple injuries and caregiver proximity support guilt |
| Prosecutorial misconduct and fair trial | Johnson | Johnson | Misconduct occurred but not proven to deprive fair trial; convictions affirmed |
| Allied offenses and sentencing | Johnson | Johnson | Allied-offense analysis flawed; sentence vacated and remanded for Johnson to reevaluate allied status |
| Inconsistent verdicts | Johnson | Johnson | Inconsistencies not reversible; verdicts upheld |
Key Cases Cited
- State v. Pelfrey, 112 Ohio St.3d 422 (2007-Ohio-256) (verdict form must state degree or aggravating element for elevated offenses)
- State v. Lovejoy, 79 Ohio St.3d 440 (1997) (inconsistent verdicts arise only from same-count inconsistencies)
- State v. Fears, 86 Ohio St.3d 329 (1999) (prosecutor misconduct must deprive defendant of a fair trial)
- State v. Skatzes, 104 Ohio St.3d 195 (2004) (prosecutor comments considered in context of overall fairness)
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (conduct-based allied-offense analysis; overruled abstract approach)