State v. Miller
2013 Ohio 1651
Ohio Ct. App.2013Background
- Williams testified she was attacked May 3, 2011, on Coarth Avenue in Cleveland by someone she knew as “Mook” or “Mookie.”
- The assailant took $47 from Williams and, after presenting a gun, struck her in the face and she was knocked unconscious.
- Cooper witnessed injuries; Williams was bleeding and later treated with stitches and facial fractures.
- Detective Kraynik linked the aliases to appellant using a database and presented a six-photo lineup from which Williams identified Miller.
- Appellant was charged with kidnapping, aggravated robbery, felonious assault, and weapon-under-disability; the jury found him guilty on multiple counts; some weapon/priors were tried to the bench.
- At sentencing, allied offenses theory was raised; the court merged kidnapping, aggravated robbery, and felonious assault and imposed concurrent sentences on the merged counts; on appeal, the court remanded to vacate the merged counts’ sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for serious physical harm | Miller argues the record lacks serious physical harm. | Miller contends there was insufficient harm to support kidnapping aiding felonies. | Sufficient evidence of serious physical harm established. |
| Prosecutorial misconduct in closing | State bolstered credibility and urged empathy for the victim. | Miller argues plain error from prosecutorial remarks. | No plain error; curative jury instruction given. |
| Right to fair trial—clothing and court handling | Wearing jail clothes denied fair trial. | No reversible error; defendant refused to change clothes. | No reversible error; trial court allowed choice and advised on attire. |
| Weight of the evidence | Evidence supported conviction; Williams credible. | Inconsistencies could render verdict against weight of evidence. | Conviction not against the weight of the evidence. |
Key Cases Cited
- State v. Damron, 129 Ohio St.3d 86 (2011-Ohio-2268) (allied offenses—single conviction; one sentence for sentencing purposes)
- State v. Bowman, 2012-Ohio-1355 (2012-Ohio-1355) (sentencing when allied offenses merge; limit to surviving offense)
- State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (definition of allied offenses and merger principles)
- State v. Jenks, 61 Ohio St.3d 259 (1991-Ohio-259) (standard for sufficiency review: whether any reasonable mind could conclude guilt)