State v. Mauder
2016 Ohio 7114
Ohio Ct. App.2016Background
- Joshua L. Mauder was tried in consolidated cases for two counts of domestic violence (fourth-degree felonies) and one count of aggravated burglary (first-degree felony) arising from incidents on Jan. 28, 2015 and Feb. 20, 2015.
- Jan. 28: victim (cohabitant) testified Mauder woke her and struck her inside their apartment; bystanders and officers observed injuries; Mauder was arrested and later released on bond.
- Feb. 20: after another physical altercation, the victim went to her parents’ enclosed porch to retrieve belongings; Mauder entered (despite not being welcome), tore open a screen door, wrestled the victim to the floor and raised his hand to strike her; the victim’s father struck Mauder with a bat and Mauder left the premises.
- A witness (T.F.) identified Mauder from a six-photo array; Mauder moved to suppress the identification as suggestive and unreliable; the trial court denied suppression and granted the State’s motion to join the cases for trial.
- Jury found Mauder guilty on all counts after a three-day trial; the court sentenced him to consecutive terms (17 months; 7 years; 14 months) and Mauder appealed.
Issues
| Issue | Mauder's Argument | State's Argument | Held |
|---|---|---|---|
| 1. Motion to suppress photo identification | Photo array was unnecessarily suggestive and likely to cause misidentification | Array complied with procedure, blind administrator used, ID reliable | Denial affirmed — array not unduly suggestive and ID reliable under totality of circumstances |
| 2. Joinder of two indictments | Joinder unduly prejudiced right to fair trial / allowed character-based inference | Joinder conserved resources, minimized witness inconvenience, evidence separable | Denial of severance affirmed — no abuse of discretion; evidence presented orderly and separable |
| 3. Manifest weight of evidence (convictions) | Verdicts against manifest weight; testimony was self-serving and witness misidentification | Testimony from victim, family, witness, officers and photos supported convictions | Convictions affirmed — jury did not lose its way for any count |
| 4. Ineffective assistance of counsel | Trial counsel rarely objected causing cumulative prejudice | Lack of objections did not amount to professional error nor prejudice result | Claim denied — appellant did not show reasonable probability of different outcome |
| 5. Consecutive sentences | Sentences for the Feb. 20 offenses arose from a single incident; consecutive terms improper | Sentencing findings satisfied R.C. 2929.14(C)(4): protection, punishment, non-disproportionality, and criminal history | Sentences affirmed — trial court made required findings and articulated need to protect public |
| 6. Prosecutorial misconduct (jury indoctrination) | Prosecutor’s comments on domestic violence improperly influenced jury | Remarks were limited, exploratory of jurors' views and halted by the court | No plain error — comments were not sufficiently prejudicial and were discontinued |
Key Cases Cited
- Waddy v. State, 63 Ohio St.3d 424 (Ohio 1992) (standards for suppressing identifications: unnecessarily suggestive + unreliability)
- Neil v. Biggers, 409 U.S. 188 (U.S. 1972) (factors for reliability of eyewitness identification)
- Simmons v. United States, 390 U.S. 377 (U.S. 1968) (suppression requires substantial likelihood of irreparable misidentification)
- Coleman v. Alabama, 399 U.S. 1 (U.S. 1970) (out-of-court ID based on observations at time of crime not a due process violation)
- Mills v. State, 62 Ohio St.3d 357 (Ohio 1992) (trial court as factfinder on suppression and credibility)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard)
- Bonnell v. Ohio, 140 Ohio St.3d 209 (Ohio 2014) (requirements for consecutive sentence findings)