State v. Minor
2013 Ohio 558
Ohio Ct. App.2013Background
- Demetrion Wilson was killed on September 18, 2011 on Day Street in Akron after Minor, driving the first car, retrieved a loaded gun and shot at Demetrion and his brother while Desirae and others followed in a second car.
- Eye-witnesses testified Minor fired at least three shots from inside the car, and was the only person seen with a gun; other group members fled as shots were fired.
- Demetrion collapsed after being shot in the chest while returning to the house; Minor was charged with aggravated murder, murder with firearm specifications, and weapons under disability; Minor pled guilty to weapons under disability.
- A jury convicted Minor of both murders (with merging for sentencing) and he was sentenced to life imprisonment with the possibility of parole after 31 years.
- State witnesses (Dominique, Tionna, Amar, Brandon) testified Minor was the shooter; Dr. Dorothy Dean confirmed a gunshot wound caused the death; defense witnesses claimed Dominique fired or Minor fired into the air, with inconsistencies among witnesses.
- The appellate court affirmed, holding the evidence was legally sufficient and not against the manifest weight, despite witness inconsistencies, and noted credibility determinations were within the jury’s province.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the evidence | Minor argues insufficiency and weight defeat verdict. | Minor contends State failed to prove identity and death by a bullet. | Evidence sufficient and not against weight; conviction affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency review; light favorable to State)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (juror standard; elements viewed in favor of State)
- State v. Robinson, 162 Ohio St. 486 (1955) (elements proven beyond reasonable doubt)
- State v. Otten, 33 Ohio App.3d 339 (1986) (weight-of-the-evidence standard; thirteenth juror concept)
- State v. Breneman, 2012-Ohio-3632 (9th Dist. 2012) (reaffirms weight-and-sufficiency analysis)
- State v. Peasley, 2010-Ohio-4333 (9th Dist. 2010) (weight determination in credibility context)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (clarifies manifest weight standard)
- State v. Flynn, 2007-Ohio-6210 (9th Dist. 2007) (identity proof beyond reasonable doubt)