State v. Kerr
2014 Ohio 5455
Ohio Ct. App.2014Background
- Kerr was convicted after a jury verdict of four counts of forgery and four counts of tampering with evidence, and sentenced to 7 years 8 months in prison.
- Indictment dated July 19, 2012 charged Kerr for attempting to remove judgment liens on his Ash Street property in Weston, Wood County, Ohio.
- Judgment liens originated from 2002 (Carter-Jones Lumber), 2006 (Larry Eilert), and 2010 (ABCO Services) with lien values rising to over $8,000 by 2012.
- In March 2012 Kerr allegedly forged releases of these liens, emailed them to a title agent, and attempted to substitute them into Wood County records.
- A notary later testified she did notarize a signature Kerr presented, but she denied signing that document, and attorneys whose signatures appeared on the releases denied signing them.
- The trial court denied Kerr’s Crim.R. 29(A) acquittal motions; the jury returned guilty verdicts and the court affirmed the sentence, concluding venue and the forgery/tampering charges were supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue and sufficiency of evidence for venue | State argues venue in Wood County proper due to course of conduct and same victims. | Kerr contends no evidence shows the offenses occurred in Wood County; no original filings were proven. | Venue proper; sufficient evidence supported Wood County venue. |
| Forgery elements—uttered an forged writing | State contends Kerr forged and uttered forged releases to defraud creditors. | Kerr argues no original document was presented; releases were not forged writings. | Sufficiency established; writings forged and uttered under the statute. |
| Manifest weight of the evidence | State asserts sufficient evidence; jury weighed facts properly. | Kerr claims the evidence weighs heavily against conviction. | Convictions not against the manifest weight; not mounted for reversal. |
Key Cases Cited
- State v. Brinkley, 105 Ohio St.3d 231 (Ohio Supreme Court 2005) (sufficiency standard for Crim.R. 29(A) review)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court 1991) (evidentiary review standard for sufficiency; Jackson v. Virginia standard)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (test for determining guilt beyond a reasonable doubt)
- State v. Headley, 6 Ohio St.3d 475 (Ohio Supreme Court 1983) (venue proof requirements; trial court discretion)
- Toledo v. Taberner, 61 Ohio App.3d 791 (Ohio App.6th Dist. 1989) (trial court discretion to determine venue facts)