State v. Meek
2017 Ohio 9258
Ohio Ct. App.2017Background
- In August 2014 Jonza Meek was indicted for aggravated robbery (with firearm spec), felonious assault (with firearm specs), improperly discharging a firearm into a habitation, and two weapons-under-disability counts (bench-tried later). A child (J.W.) was struck by a bullet during the incident.
- Eyewitness Shawn Nelms identified Meek at trial as (1) the man who held a gun to his head during an earlier robbery and (2) the passenger who fired from a passing car on August 25, 2014. Neighbor Suntina Ussury corroborated seeing the passenger fire.
- Nelms initially hesitated to cooperate, identified Meek from color photo arrays, and testified at trial identifying Meek as the shooter.
- After conviction, Nelms recanted at a Crim.R. 33 hearing, saying he now believed he had misidentified Meek based on jail conversations; he refused to name who told him that. Trial court found the recantation not credible and denied a new trial.
- Jury convicted Meek on aggravated robbery, felonious assault, and improper discharge of a firearm (with firearm specifications); Meek sentenced to a total of 14 years. Appellant appealed on sufficiency, manifest weight, and denial of new trial grounds.
Issues
| Issue | State's Argument | Meek's Argument | Held |
|---|---|---|---|
| 1) Sufficiency of evidence (Crim.R. 29) | Evidence (Nelms and Ussury IDs, injury to J.W., photo arrays) if believed proves elements beyond reasonable doubt | IDs were unreliable; witnesses uncertain; alibi evidence undermines identity | Affirmed. Viewed in light most favorable to State, evidence sufficient to support convictions |
| 2) Manifest weight of the evidence | Credible eyewitness testimony and corroboration outweigh alibi witnesses; jury entitled to disbelieve alibi | Verdict against the greater weight of evidence due to shaky witness ID and alibis | Affirmed. Court found jury's credibility findings reasonable and not a manifest miscarriage of justice |
| 3) Motion for new trial based on recanted testimony (Crim.R. 33) | Recantation was not credible (refused to ID sources, jail calls not produced, jail calls showed fear/retribution motives); original trial testimony credible and corroborated | Nelms recantation is newly discovered material evidence that would likely produce different result | Affirmed. Trial court did not abuse discretion in finding recantation not credible; no basis for new trial |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for sufficiency vs. manifest weight review)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing sufficiency and manifest weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency: evidence viewed in light most favorable to prosecution)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard for appellate review)