Background
- At ~2:00 a.m. on May 16, 2015, an alarm at Crowes Shoes (Mansfield, Ohio) alerted police; officers found the front-window broken, the front door unlocked, and blood around the door and lock.
- Police collected a blood swab from the broken glass and a blood-soaked napkin from the sidewalk; DNA testing on the glass swab produced a profile similar to DeWayne Maxwell.
- Maxwell provided a buccal swab; the MPD Crime Lab analyst matched Maxwell to the blood on the broken glass "to a reasonable degree of scientific certainty," with odds against a random match of 1 in 7.182 quintillion.
- Maxwell was indicted for one count of breaking and entering (R.C. §2911.13(A)) alleging he trespassed by force into an unoccupied structure with purpose to commit theft or a felony.
- At trial the State presented witnesses and exhibits tying the forcible entry to Maxwell’s DNA; Maxwell did not present evidence. The jury convicted him; the court sentenced him to consecutive prison terms and post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support breaking and entering conviction | State: DNA on broken glass, evidence of forcible entry, alarm triggered; these facts permit a rational trier of fact to find elements beyond a reasonable doubt | Maxwell: Only tenuous link to scene; argues insufficient proof he committed the break-in | Court: Evidence—especially DNA on the broken glass plus testimony/photos of forcible entry and unoccupied premises—was sufficient under Jenks/Jackson to support conviction |
| Manifest weight of the evidence | State: Circumstantial and direct evidence supported verdict; DNA match strongly ties Maxwell to the entry | Maxwell: Conviction against the weight of the evidence; jury lost its way | Court: No manifest miscarriage of justice; circumstantial evidence may be as persuasive as direct evidence, verdict affirmed |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reasonable-doubt sufficiency standard)
- State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App. 1983) (standard for manifest-weight review)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (discussing weight-of-the-evidence review)
- State v. Fairbanks, 32 Ohio St.2d 34 (Ohio 1972) (definition of circumstantial evidence)
- State v. Richey, 64 Ohio St.3d 353 (Ohio 1992) (circumstantial evidence can be more persuasive than direct evidence)
- State v. Roseberry, 967 N.E.2d 233 (Ohio Ct. App. 2011) (forcible entry can permit inference of intent to commit theft)
- State v. Flowers, 16 Ohio App.3d 313 (Ohio Ct. App. 1984) (intent to commit theft may be inferred from forcible entry)