State v. Lemmons, 2011 Ohio 3322

Appellant Mark Lemmons, estranged boyfriend of victim A.M., broke into her home on Thanksgiving morning 2009, brandishing two knives and threatening A.M.
He moved A.M. from the living room to the bedroom at knifepoint, compelled her to model underwear, and forced oral sex followed by rape.
Lemmons left around 9:00 a.m.; police were called and arrested him after he claimed consensual sex and that the back door was unlocked due to prior damage.
During detention, phone calls revealed admissions of drinking, an argument, breaking doors, and that he had sex with A.M. but denied raping her.
He was indicted on one count of rape, two counts of aggravated burglary, two counts of kidnapping, and one count of menacing by stalking; trial court sentenced him to an aggregate 12 years.
On appeal, Lemmons contends Evid. R. 609(a)(2) permitted impeachment-by-prior-convictions evidence and that the kidnapping and rape convictions should have merged under R.C. 2941.25.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior convictions for impeachment	Convictions admissible under Evid. R. 609(A)(2) and timely under 609(B).	Admission would be more prejudicial than probative; notice and timing issues may apply.	Court did not abuse discretion; convictions admissible and harmless since Lemmons did not testify.
Merger of kidnapping and rape convictions under R.C. 2941.25	Kidnapping and rape may merge if same conduct or animus; no merger would be improper.	Should be merged under allied offenses doctrine.	No error; offenses not merged given separate conduct and animus; Johnson standard applied; judgment affirmed.

State v. Wright, 48 Ohio St.3d 5 (Ohio 1990) (standards for admission of prior convictions under Evid. R. 609)
State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (merger doctrine codified by R.C. 2941.25)
Botta v. Ohio, 27 Ohio St.2d 203 (Ohio 1970) (merger concept under allied offenses of similar import)
Brown v. United States, 119 Ohio St.3d 447 (2008) (single act or single state of mind for merger inquiry)
Blankenship v. Ohio, 38 Ohio St.3d 119 (1980) (test for allied offenses under 2941.25)
State v. Johnson, 128 Ohio St.3d 153 (2010) (overruled Rance; conducts-based approach to merger under 2941.25)
State v. Rance, 85 Ohio St.3d 632 (1999) (prior standard for merger under 2941.25 (overruled by Johnson))
State v. Geiger, 45 Ohio St.2d 242 (Ohio 1975) (elements-based approach to allied offenses (contextual in Johnson))
State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (statutory framework for merger under 2941.25)