State v. Jury
2016 Ohio 2663
Ohio Ct. App.2016Background
- Appellant Brian Jury was indicted for offenses arising from November 1, 2013: alleged abduction, restraint with zip-ties and duct tape, and multiple rapes of a woman found bound and naked along a road; jury convicted him of two counts of rape, felonious assault, two counts of abduction (lesser-included of kidnapping), and three firearm specifications; sentenced to 36 years.
- Victim was discovered by motorists and an off-duty deputy; medical personnel and a SANE examiner documented ligature marks, abrasions, and genital cellular injury; biological evidence matched Jury to vaginal swabs and a knife blade.
- Text records and phone evidence showed contact between Jury and the victim on the morning of the incident; Jury admitted to restraining the victim but claimed the sexual acts were consensual and that he left her bound temporarily after a money dispute.
- Defense emphasized victim’s drug use, sex work, and inconsistent statements to attack credibility; prosecution relied on physical injuries, DNA, identification from a photo array, and the circumstances of the scene.
- Trial court denied motions for mistrial (after an ER physician testified unsolicited that the rape was a "slam dunk") and admitted an audio-recorded hospital interview under Evid.R. 801(D)(1) to rehabilitate the victim after impeachment.
- On sentencing the court imposed consecutive terms, finding the offenses were part of a course of conduct and that the harm was "great or unusual," and that consecutive sentences were necessary to protect the public.
Issues
| Issue | Appellee (State) Argument | Appellant (Jury) Argument | Held |
|---|---|---|---|
| Whether verdicts were against manifest weight | Evidence (injuries, DNA, ID, circumstances) supports convictions | Victim inconsistent, intoxicated, prostitute — convictions unreliable | Affirmed; jury did not lose its way; convictions supported |
| Whether court erred by not instructing on sexual battery (lesser offense) | No request was made by defense; failure to object waived | Failure to charge sexual battery prejudiced Jury | Affirmed; defendant waived objection and no plain error |
| Whether mistrial required for ER doctor’s comment that rape was a "slam dunk" | Curative instruction sufficed; testimony limited to medical matters | Comment improperly bolstered prosecution; mistrial required | Affirmed denial of mistrial; court’s curative instruction adequate |
| Whether admission of victim’s recorded hospital statement was improper hearsay/bolstering | Prior consistent statement admissible under Evid.R. 801(D)(1)(b) to rebut charge of fabrication/improper motive | Admission wrongfully bolstered testimony and prejudiced defense | Affirmed; trial court did not abuse discretion admitting tape |
| Whether consecutive sentences lacked statutory findings under R.C. 2929.14(C)(4) | Court made required findings at sentencing and explained harm was great or unusual | Findings inadequate; consecutive sentence excessive | Affirmed; court complied with Bonnell standards and record supports findings |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (establishes manifest-weight-of-the-evidence standard)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (presumption that trier-of-fact findings are correct)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (judgment supported by competent, credible evidence will not be reversed)
- State v. Long, 53 Ohio St.2d 91 (failure to object to jury instructions waives error; plain-error standard)
- State v. Sage, 31 Ohio St.3d 173 (trial-court discretion on mistrial and evidentiary rulings)
- State v. Bonnell, 140 Ohio St.3d 209 (trial court must make statutory consecutive-sentence findings at sentencing and incorporate them into the record)