State v. McKinney
2013 Ohio 5730
Ohio Ct. App.2013Background
- McKinney was charged with one count of domestic violence, elevated to a third‑degree felony due to two prior DV convictions.
- The case proceeded after McKinney executed a jury waiver and the matter was tried as a bench trial.
- The victim, Stacy Morrow, testified she and McKinney had a dating history, reunited in 2011, and the February 14, 2012 incident involved McKinney grabbing her throat and causing property damage.
- Evidence included physical marks on Morrow, police observations, and voicemails where McKinney threatened and instructed her to lie.
- Morrow obtained a protection order; McKinney was sentenced to 36 months to run consecutive to a Summit County aggravated robbery sentence, with restitution of $4,122.
- McKinney appeals on three assignments of error challenging evidentiary rulings, the weight of the evidence, and the consecutive-sentencing findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exclusion of Basile’s testimony was reversible | Basile’s testimony to impeach Morrow’s credibility was admissible. | Exclusion of extrinsic impeachment evidence violated cross-examination rights. | The exclusion was harmless error given overwhelming corroborating evidence. |
| Whether the weight of the evidence supports the DV conviction | Conviction supported by Morrow’s testimony and corroborating evidence. | Credibility issues with Morrow require reversal. | Evidence was not against the manifest weight; conviction upheld. |
| Whether the consecutive-sentencing findings complied with R.C. 2929.14(C)(4) | Findings may be implicit or scattered but sufficient to support consecutive sentences. | Trial court failed to make all required explicit findings before imposing consecutive terms. | Consecutive-sentencing findings were incomplete; remanded for proper findings. |
Key Cases Cited
- State v. Green, 66 Ohio St.3d 141 (1993) (cross-examination right; extent within trial court discretion)
- State v. Martinez, 8th Dist. Cuyahoga No. 97233, 2013-Ohio-1025 (2013) (impeachment by self-contradiction; foundational requirements)
- State v. Morgan, 8th Dist. Cuyahoga No. 97934, 2012-Ohio-4937 (2012) (extrinsic evidence admissibility for impeachment)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight standard; appellate review of witness credibility)
- Harrington v. California, 395 U.S. 250 (1969) (harmless-error standard for evidentiary rulings)
- Venes, 2013-Ohio-1891 (2013) (requirement of separate, explicit findings for consecutive sentences)
- State v. Brooks, 2013-Ohio-2169 (2013) (separate findings need not be verbatim; must show analysis)