State v. McGowan, 2015 Ohio 4430

In March and June 2014 Andre McGowan committed two bank robberies in Geneva, Ohio; he jumped over teller counters, ordered employees to get down, took money in bags, and fled.
Employees testified they were frightened, complied because they feared harm, and did not observe a weapon; one teller testified she felt the robber had a weapon or implied threat.
After the June robbery dye packs exploded in McGowan’s car; officers stopped the vehicle, found cash, clothing, gloves, dye, and McGowan later confessed to both robberies in interviews and in writing.
McGowan was indicted on two robberies, two kidnappings, theft, and grand theft; separate trials were ordered after the court granted relief from prejudicial joinder.
At the March-robbery trial an officer briefly referenced information about another (June) robbery; defense moved for a mistrial and the court gave a curative instruction and denied the motion.
Juries found McGowan guilty on counts relating to each incident; the trial court merged allied offenses and elected robbery (June) and kidnapping (March) for sentencing, imposing consecutive terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying a mistrial after an officer referenced another robbery (after joinder relief)	Officer’s stray mention was harmless; identity wasn’t contested and a curative instruction sufficed	The reference prejudiced the jury and violated the court’s joinder relief, requiring a mistrial	Denied abuse of discretion; confession and identity not in dispute and curative instruction remedied any prejudice
Whether evidence of force (or threatened force) was sufficient/weight supports robbery convictions	Testimony of victims’ fear, robber’s aggressive entry, proximity, tone, and demands established implied threat/force	McGowan argued state failed to prove the requisite force element for robbery	Sufficient and credible evidence of implied threat/force to support robbery conviction (June); kidnapping conviction (March) likewise supported

State v. Treesh, 90 Ohio St.3d 460 (2001) (standard for granting mistrial is narrow; discretionary with trial court)
State v. Davis, 6 Ohio St.3d 91 (1983) (fear sufficient to induce surrender of property satisfies force element for robbery)
State v. Brown, 119 Ohio St.3d 447 (2008) (only one conviction allowed for allied offenses of similar import)
State v. Underwood, 124 Ohio St.3d 365 (2010) (discussion of allied offenses and merger for sentencing)
In re Burton, 160 Ohio App.3d 750 (2005) (threat or implied force may satisfy robbery force element)
State v. Bush, 119 Ohio App.3d 146 (1997) (threat may be implied from demeanor and tone)