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State v. McCloud
2012 Ohio 5220
Ohio Ct. App.
2012
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Background

  • Barnard was last seen June 4, 2005; she frequented Living Water Christian Fellowship and was helping prepare for a church event.
  • Barnard’s body was found June 5, 2005 in the church bathroom with extensive blunt force and sexual assault-related injuries.
  • Police linked McCloud to Barnard through relationships, sightings, and crime-scene evidence; Barnard’s car and purse surfaced near McCloud’s residence as investigations progressed.
  • McCloud fled police, later turned himself in on June 7, 2005; he was photographed with scratches and had DNA on Barnard’s clothing.
  • A 16-count indictment (later trimmed) led to a three-judge panel conviction on most counts; death penalty was not imposed, life without parole.
  • Forensic evidence included fingerprints, DNA mixture (Barnard and McCloud), and coroner’s testimony describing prolonged struggle and asphyxia.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for aggravated murder and rape State McCloud argues insufficient evidence Sufficient evidence; convictions affirmed
Manifest weight of the evidence State McCloud argues weight favors acquittal Not against the weight of the evidence; convictions affirmed
Fair trial—judge impartiality on panel McCloud argues predetermination by presiding judge State No demonstrated predetermination; fair trial denied none

Key Cases Cited

  • State v. Patel, 2008-Ohio-4693 (9th Dist. No. 24030, 2008-Ohio-4693) (factors for prior calculation and design; totality of circumstances guide analysis)
  • State v. Hairston, 2006-Ohio-4925 (9th Dist. Ohio, 2006) (weighing factors for prior calculation and design; no bright-line test)
  • State v. Taylor, 78 Ohio St.3d 15 (Ohio Supreme Court, 1997) (definition of prior calculation and design)
  • State v. Conway, 2006-Ohio-xxx (9th Dist. Ohio, 2006) (context on prior calculation and design (cited within opinion))
  • State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court, 1997) (standard for sufficiency of evidence)
Read the full case

Case Details

Case Name: State v. McCloud
Court Name: Ohio Court of Appeals
Date Published: Nov 13, 2012
Citation: 2012 Ohio 5220
Docket Number: 11CA009966
Court Abbreviation: Ohio Ct. App.