Background

• Lundy was indicted in August 2012 for aggravated burglary, two counts of kidnapping, two counts of aggravated robbery, attempted murder, and felonious assault; he pleaded not guilty and proceeded to a jury trial.
• The victims were Andrea Newman and SeTecia Hayes; Newman testified Lundy entered their apartment, stole money and marijuana, and stabbed Newman multiple times.
• Hayes testified Lundy bound her with a curling iron hair, tied her in the bathroom, and demanded cash; she eventually identified Lundy after initial fear-based statements.
• Newman and Hayes provided inconsistent statements to law enforcement and 911 at first, attributing the attack to two white men due to fear; later Newman identified Lundy as her attacker.
• DNA evidence from two binding cords found at the apartment showed a major contributor or possible contributors including Newman and Hayes and Lundy; one cord evidence was inconclusive for Lundy’s exclusion.
• The jury convicted Lundy on all counts and the trial court sentenced him to 22 years in prison.

Issues

Key Cases Cited

• State v. Butler, 2013-Ohio-5397 (10th Dist. No. 13AP-360, 2013) (manifest weight standard; deferential review to credibility)
• State v. Cassell, 2010-Ohio-1881 (10th Dist. No. 08AP-1093, 2010) (weighing conflicting testimony; credibility deference)
• State v. Wilson, 2007-Ohio-2202 (Ohio Sup. Ct., 2007) (credibility and weight considerations in manifest weight review)
• Thompkins, 78 Ohio St.3d 380 (Ohio Sup. Ct., 1997) (thirteenth-juror deference in weighing evidence)
• Tibbs v. Florida, 457 U.S. 31 (U.S. Sup. Ct., 1982) (standard for manifest weight review)
• State v. Martin, 20 Ohio App.3d 172 (First Dist., 1983) (credibility and appellate deference in resolving conflicts)