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2024 Ohio 5359
Ohio Ct. App.
2024
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Background

  • Alex MacPhereson was convicted in the Warren County Court of Common Pleas for multiple sexual offenses involving minor girls: two counts of gross sexual imposition and three counts of rape.
  • The victims, pseudonymously referred to as Amber (his daughter) and Beth (his girlfriend's daughter), both under 13 during the incidents, testified to multiple episodes of abuse by MacPhereson.
  • The allegations were reported in May 2023, leading to a police investigation and subsequent indictment in October 2023.
  • MacPhereson waived his right to a jury and proceeded to a bench trial, where he denied all accusations.
  • The trial court found MacPhereson guilty on most counts, sentencing him to consecutive prison terms totaling 25-years-to-life.
  • MacPhereson appealed, arguing insufficiency/weight of the evidence and error in imposing consecutive sentences.

Issues

Issue MacPhereson's Argument State's Argument Held
Sufficiency of Evidence Victims' uncorroborated minor testimony insufficient; he denied allegations Testimony of a single witness, if credible, is sufficient; law does not require corroboration Testimony found credible; conviction affirmed
Manifest Weight of Evidence Verdict contrary to greater weight; credibility of minors questionable Credibility is for the trial judge to determine; trial court did not lose its way Verdict not against manifest weight; affirmed
Consecutive Sentences Sentencing findings/analysis inadequate; prior criminal record not considered Sentencing findings satisfied statutory requirements; seriousness of conduct and harm clear Trial court made adequate statutory findings; sentence affirmed

Key Cases Cited

  • State v. Paul, 2012-Ohio-3205 (sufficiency of evidence review standard)
  • State v. Graham, 2009-Ohio-2814 (manifest weight of evidence standard)
  • State v. Bonnell, 2014-Ohio-3177 (consecutive sentencing findings requirement)
  • State v. Martino, 2018-Ohio-2882 (deference to trier of fact's credibility determinations)
Read the full case

Case Details

Case Name: State v. MacPhereson
Court Name: Ohio Court of Appeals
Date Published: Nov 12, 2024
Citations: 2024 Ohio 5359; CA2024-03-016
Docket Number: CA2024-03-016
Court Abbreviation: Ohio Ct. App.
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