State v. Lillicrap
2011 Ohio 3505
Ohio Ct. App.2011Background
- Lillicrap was indicted January 6, 2010 for knowingly causing or attempting to cause physical harm to a family or household member, with a prior DV conviction, under R.C. 2919.25(A).
- The matter proceeded to a jury trial February 16–17, 2010, with testimony from the victim Kenny Pak, a witness Linda Young, deputies Tyree and Godsey, and Lillicrap, resulting in a guilty verdict on Domestic Violence with a prior conviction.
- Lillicrap was sentenced March 11, 2010 to a term of community control not to exceed five years.
- Lillicrap timely appeals; counsel filed an Anders brief on March 29, 2011, indicating no nonfrivolous issues, and the court notified him of his right to file pro se briefing.
- Appellate review proceeded under Anders v. California, and the court ultimately affirmed, finding no meritorious assignments of error and no prosecutorial misconduct requiring reversal.
- The court’s independent review concluded the appeal was frivolous and the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct in closing argument? | State argues remarks did not prejudice Lillicrap and were permissible. | Lillicrap contends prosecutors vouched for witnesses and attacked credibility improperly. | No prosecutorial misconduct; statements were proper and did not prejudice substantial rights. |
| Anders review sufficiency; any nonfrivolous issues? | State maintains no additional issues exist to raise. | Lillicrap did not file extra issues, and counsel found none of merit. | Anders review yielded no nonfrivolous issues; appeal affirmed. |
Key Cases Cited
- State v. Lott, 51 Ohio St.3d 160 (Ohio 1990) (test for prosecutorial misconduct: improper, prejudicial, reviewable with deference to closing arguments)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (appointing counsel; indigent defendant's appeal can be deemed frivolous)