State v. Jones
2019 Ohio 2940
Ohio Ct. App.2019Background
- Victim Jabbrae Moore let Jones live in a house after an oral agreement for rent; Jones paid a $2,000 down payment but made no subsequent rent payments.
- On May 7, 2018, Moore saw Jones fire a gun into the air outside the residence.
- On May 8, 2018, Moore approached a residence on Cleverly Road, called out to Jones, and was shot in the abdomen; he later identified Jones as the shooter from a photospread and to police while recovering in hospital.
- Moore initially told police he did not know who shot him, and at the photospread police noted he was “80%” certain; at trial he testified he was 100% that Jones was the shooter.
- Jones was arrested after a foot/bicycle chase on May 22, 2018. He was indicted for two counts of felonious assault (each with a firearm specification), waived jury trial, and was found guilty by the bench; convictions were merged and Jones was sentenced to an aggregate eight years.
- On appeal Jones challenged the verdict as against the manifest weight of the evidence, disputing Moore’s identification and location testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was against manifest weight of the evidence | State argued Moore’s testimony and photospread ID sufficiently identified Jones as shooter | Jones argued inconsistencies (initially said he didn’t know shooter; address/location inconsistencies) undermined ID and credibility | Court upheld conviction: factfinder reasonably credited Moore’s ID and did not lose its way |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (defines manifest-weight standard as amount of credible evidence and persuasion)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (describes reversal for manifest miscarriage of justice standard)
- DeHass v. State, 10 Ohio St.2d 230 (1967) (credibility and weight of testimony are for the trier of fact)
- State v. Tate, 140 Ohio St.3d 442 (2014) (identity may be proven by direct or circumstantial evidence)
- State v. Martin, 20 Ohio App.3d 172 (1983) (articulated framework for manifest-weight review)