State v. Majid
2012 Ohio 1192
Ohio Ct. App.2012Background
- Arif Majid (a.k.a. Cedric Parker) was charged in five counts stemming from a 2005 Euclid shooting at Milton’s Lounge.
- He was convicted in a 2007 trial, which this court reversed for jury misconduct and remanded for retrial.
- A second trial in 2011 resulted in convictions for murder, two counts of attempted murder, and weapon under disability, and a 43-years-to-life sentence.
- The State retried after dismissals and renumbering; Majid waived a jury trial as to one count.
- On appeal Majid challenges sufficiency, suppression, prosecutorial misconduct, evidentiary rulings, jury instructions, and sentencing, asking for remand for resentencing on firearm specifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder/attempted murder | Majid argues evidence is insufficient | Majid contends verdicts lack proof of purpose | Evidence sufficient; transferred intent supports convictions |
| Suppression/identification procedure | Identification procedure was properly allowed | Procedure was unduly suggestive due to tattooed torso photos | No reversible error; record issues on transcript appear procedural and not fatal |
| Prosecutorial misconduct | Prosecutor engaged in improper conduct during trial | Misconduct affected fairness | No reversible error; improper remarks did not deny a fair trial |
| Jury instructions on transferred intent | Transferred-intent instruction properly amended the indictment | Instruction improperly altered the indictment | Transferred-intent instruction affirmed; not a constructive amendment |
| Allied offenses/sentencing on firearm specs | Convictions should merge; sentencing proper | Allied offenses should merge; errors in sentencing | No merger for allied offenses; remanded for resentencing on firearm specifications |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review (requires viewing evidence in light most favorable to the prosecution))
- In re T.K., 109 Ohio St.3d 512 (Ohio 2006) (transfered-intent applicability and evidence sufficiency in ‘bad aim’ cases)
- State v. Mills, 2011-Ohio-3837 (Ohio 2011) (identification reliability under totality of circumstances)
- State v. Cartellone, 3 Ohio App.3d 145 (Ohio 1981) (analogizing bystander harm and transferred intent)
- State v. Franklin, 97 Ohio St.3d 1 (Ohio 2002) (distinguishes bystander liability and allied offenses)
- State v. Underwood, 124 Ohio St.3d 365 (Ohio 2010) (standard for plain error and ineffective assistance review)