State v. Kasler
2012 Ohio 6073
Ohio Ct. App.2012Background
- C.B. went to Mulligan’s bar in Lancaster, interacted with Kasler, considered him a friend from AA; she consumed multiple drinks over several hours.
- Kasler and C.B. discussed staying at a garage/warehouse; she planned to sleep there but said nothing would happen between them.
- C.B. awoke with Kasler naked on top of her; her pants were removed; Kasler punched her lip, refused to stop, and attempted to have sex against her will.
- C.B. sought emergency medical treatment; lip injury was severe, requiring plastic surgery; Kasler gave a statement to police claiming consensual sex.
- Kasler was indicted in 2011 on rape and attempted rape arising from C.B.’s account; a mistrial occurred in the initial trial; retrial occurred in 2011 with convictions on all counts; consecutive sentences were imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation for retrial | Kasler emphasizes delay between indictment and retrial. | Kasler contends the delay violated speedy-trial rights. | First assignment overruled; delays tolled but retrial within 270 days. |
| Double jeopardy in retrial | Kasler argues retrial violated double jeopardy. | Judge properly declared mistrial; retrial allowed. | Second assignment overruled; mistrial based on deadlock permitted a new trial. |
| Confrontation and admission of medical evidence | Confrontation rights violated by hospital records not testified to. | Records admitted as business records; confrontation not violated. | Third assignment overruled; admissibility within court’s discretion. |
| Prosecutorial misconduct during trial | Prosecutor engaged in improper questioning and opening remarks. | Arguments lacked misconduct; trial fair. | Fourth assignment overruled; no reversible misconduct shown. |
| Manifest weight and cumulative error | Evidence insufficient to sustain verdict; errors cumulatively prejudicial. | Jury credibility and weight of testimony support conviction. | Fifth assignment overruled; verdict not against the manifest weight. |
Key Cases Cited
- State v. Baker, 78 Ohio St.3d 108 (Ohio 1997) (speedy-trial time limits under R.C. 2945.71 et seq.)
- State v. Adams, 43 Ohio St.3d 67 (Ohio 1989) (timing of speedy-trial calculations and tolling rules)
- State v. Sanchez, 110 Ohio St.3d 274 (Ohio 2006) (triple-count tolling and custody status in speedy-trial analysis)
- State v. Cabrales, 118 Ohio St.3d 54 (Ohio 2008) (allied offenses under 2941.25 elements-based test (abstract))
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (overruled Rance; inquire into whether offenses are allied offenses of similar import based on the defendant’s conduct)
- Renico v. Lett, 130 S. Ct. 1855 (2010) (deference to trial court’s mistrial decision in deadlocked jury)