State v. Maynard
2013 Ohio 2796
Ohio Ct. App.2013Background
- Maynard was charged by indictment in 2011 with gross sexual imposition (GSI) and sexual imposition (SI); bench trial proceeded after waiver of jury trial.
- Trial court acquitted Maynard of GSI and SI but found him guilty of attempted GSI and attempted SI.
- Victims RH (12) and AL (13) testified to multiple inappropriate acts by Maynard.
- Defense denied touching and argued dog-whose-claim; Maynard claimed non-sexual touching and that phone purchase was benign.
- Evidence included witnesses (parents, police) and a Child Advocacy Center interview; Maynard was sentenced April 10, 2012.
- Court of Appeals affirmed Maynard’s convictions, addressing manifest weight, notice/attempts, and culpable mental state issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the convictions were against the manifest weight of the evidence | Maynard | Maynard | Convictions not against weight; not a manifest miscarriage of justice. |
| Whether the State’s notice violated due process by seeking attempted offenses | Maynard | Maynard | No due process violation; notice implied through indictment and statutory framework. |
| Whether the trial court applied an improper mental-state standard for attempts | Maynard | Maynard | Court properly inferred purposeful mens rea for attempted offenses. |
Key Cases Cited
- State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (weight review requires appellate deference to trial court credibility judgments)
- State v. Shue, 97 Ohio App.3d 459 (9th Dist.1994) (credibility largely for the trier of fact)
- Ostendorf-Morris Co. v. Slyman, 6 Ohio App.3d 46 (8th Dist.1982) (credibility and weighing witness testimony are primarily for the trier of fact)