State v. Jones
2011 Ohio 3275
Ohio Ct. App.2011Background
- Jones was convicted of aggravated robbery, felonious assault, having a weapon under disability, and a related firearm specification after a shooting and robbery on September 15, 2009.
- Jason Kinney testified as the primary witness and identified Jones as the shooter; money was taken from Kinney after the shooting.
- Paula Papke, Cincinnati Bell records custodian, testified about cell-phone records showing communications between Jones, Kinney, and Barber around the time of the incident.
- Jason Hendrix testified that he saw Jones fleeing the scene, and Latasha Barber testified Jones was with her at a different location later that night.
- Detective Jarman testified about Jones’s jail interview and claimed Jones admitted meeting Kinney to discuss a marijuana purchase but denied any sale occurred.
- The trial court sentenced Jones to an aggregate term of fourteen years; three assignments of error were raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of phone records as business records | Papke’s testimony established business-record foundation. | Papke lacked personal knowledge of record creation and reliability. | Records qualified as business records; admissible. |
| Ineffective assistance for improper Justice Web references | Justice Web mentions did not prejudice; trial counsel permissible. | References suggested prior arrest history; counsel should have objected. | No ineffective-assistance violation; no reasonable probability of different outcome. |
| Manifest weight of the evidence for aggravated robbery | Evidence supported thatKinney surrendered money under threat with a gun. | No explicit demand for money; no direct robbery occurred. | Conviction not against the weight of the evidence. |
Key Cases Cited
- State v. Hirtzinger, 124 Ohio App.3d.40 (1997) (business records authentication requires familiarity with record creation and maintenance)
- State v. Vrona, 47 Ohio App.3d.145 (1988) (foundation need not be firsthand knowledge)
- State v. Thompkins, 78 Ohio St.3d.380 (1997) (weight-of-the-evidence standard for reversal)
- State v. Martin, 20 Ohio App.3d.172 (1983) (exceptional cases for weight-of-the-evidence reversal)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective-assistance standard: deficient performance and prejudice)
- State v. Bradley, 42 Ohio St.3d.136 (1989) (prejudice showings for ineffective assistance)