State v. McKinney
2013 Ohio 5394
Ohio Ct. App.2013Background
- Defendant-appellant Danny L. McKinney was charged in Franklin County with multiple counts including rape, gross sexual imposition, and disseminating matter harmful to juveniles based on acts involving S.K., then five to six years old.
- The jury found McKinney not guilty of rape and the other charges, but guilty of gross sexual imposition, and he was sentenced to four years in prison with Tier II sex-offender classification.
- The trial occurred after the prosecution sought to have S.K. testify by closed-circuit television, and the court conducted procedures under R.C. 2945.481.
- McKinney challenged the belated motion for closed-circuit testimony, the admission of a video interview of S.K., and the suppression of impeachment evidence regarding prior false accusations.
- The trial court denied the mistrial request and admitted the interview recording, with limiting instructions to the jury; the court also excluded certain impeachment evidence under Evid.R. 608(B) and R.C. 2907.02.
- On appeal, the Ohio Court of Appeals affirmed McKinney’s conviction, ruling no reversible error in the challenged evidentiary and procedural rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness/good cause for closed-circuit testimony | McKinney claims no timely motion and lack of good cause. | McKinney argues the delay violated R.C. 2945.481 and prejudiced his rights. | No reversible error; trial court did not abuse discretion. |
| Admission of video interview (hearsay/confrontation) | Video interview violated hearsay rules and Confrontation Clause. | Interview falls under Evid.R. 803(4) and Confrontation Clause issue is mitigated since S.K. testified. | Admissible; Confrontation Clause not violated; harmless as to other issues. |
| Impeachment of victim with prior false accusations | McKinney seeks impeachment for prior false rape accusations under Boggs. | Failure to conduct in-camera Boggs hearing and allow testing to impeach. | Not error; no evidence of prior false accusations was properly presented; Boggs not violated. |
Key Cases Cited
- State v. Payne, 114 Ohio St.3d 502 (2007-Ohio-4642) (plain-error review standard; 'obvious' defect requires warning)
- State v. Barnes, 94 Ohio St.3d 21 (2002-Ohio-68) (plain-error miscarriage; exceptional circumstances)
- State v. Shipley, 2013-Ohio-4055 (10th Dist. 2013) (presumption jurors follow court's limiting instruction)
- State v. Dever, 64 Ohio St.3d 401 (1992) (hearsay exception under Evid.R. 803(4) immaterial to availability)
- State v. Boggs, 63 Ohio St.3d 418 (1992) (rape shield; in-camera hearing; when prior false accusations may be cross-examined)
- State v. Keenan, 81 Ohio St.3d 133 (1998) (Confrontation Clause implications for admitted statements)
- State v. Powell, 132 Ohio St.3d 233 (2012-Ohio-2577) (Confrontation Clause; admissibility when declarant testifies)