State v. Matthews
2012 Ohio 5174
Ohio Ct. App.2012Background
- Matthews appeals after conviction on six felonious assault counts and a seven-year sentence following a jury trial.
- Incident occurred April 19, 2011 at a Cleveland McDonald’s hiring event; Matthews returned with codefendant Cedrica Johnson, parked aggressively, exited vehicle, and a chaotic fight ensued with applicants including Nolen and Gilmore.
- Matthews drove the vehicle in reverse at a high speed in the crowded lot, striking five victims and then fled; one victim, Nolen, narrowly avoided being struck.
- Five victims sustained injuries including head trauma and fractures; Nolen’s sister Gilmore was a separate assault target, with Crim.R. 29 motions resolving Counts 8 and 9 in Matthews’ favor.
- Matthews was convicted of Counts 1–6 felonious assault and Count 7 felonious assault against Gaines was not proven; Counts 2 and 6 were merged for sentencing; consecutive and concurrent terms produced a total of seven years; the court remanded for resentencing on the consecutive-sentence findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felonious assault | Matthews contests sufficiency of evidence | Matthews argues lack of knowingness | Sufficient evidence; convictions affirmed on sufficiency |
| Weight of the evidence | Matthews challenges weight of the evidence | Jury did not clearly err in weighing testimony | Convictions not against the manifest weight of the evidence |
| Duress jury instruction | Matthews sought duress instruction | Insufficient evidence to require instruction | No abuse of discretion; no duress instruction required |
| Consecutive sentences findings | HB 86 findings insufficient | Court failed to make required HB 86 findings | Consecutive-sentence findings missing; remand for resentencing |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review (ledo))
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight of the evidence; deference to jury credibility)
- State v. Getsy, 84 Ohio St.3d 180 (Ohio 1998) (duress defense; heightened requirements to instruct)
- State v. Cross, 58 Ohio St.2d 482 (Ohio 1979) (duress instruction prerequisites)
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (necessity of evidence to raise duress)
- State v. Edmonson, 86 Ohio St.3d 324 (Ohio 1999) (statutory findings for consecutive sentences)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step approach to reviewing criminal sentences)