State v. Moore
2013 Ohio 1435
Ohio Ct. App.2013Background
- Moore was charged in a superseding indictment for December 11, 2003 murder/robbery and related weapons offenses, plus earlier 2003 carjacking and related offenses; joinder and remand issues affected which charges would be tried together; a gun from the security guard was tied to the murder weapon; a jury found guilt on December 11, 2003 counts with firearm specifications, and a plea to September 9, 2003 offenses was later withdrawn in part; trial court denied plea withdrawal and sentenced Moore to aggregate 59 years to life; a first-trial witness testified via transcript due to unavailability; issues on discovery, evidentiary rulings, and weight of the evidence were appealed; the appellate court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there improper joinder of counts at trial? | State/Moore contends improper last‑minute joinder prejudiced Moore. | Moore argues law of the case and prejudice from joining the gun count with murder/robbery. | No reversible error; joinder admissible and not prejudicial. |
| Did the court err by denying discovery sanctions and admitting a late witness? | State acted within discovery rules; late witness testimony was permissible. | Papadelis required inquiry into sanctions and lesser remedies. | No abuse of discretion; late witness testimony allowed with remedies. |
| Was the firearm specification proper for an unarmed accomplice under complicity? | Chapman allows firearm specification to attach via complicity to the underlying offense. | Ford may limit Chapman; firearm spec not an offense; issue unsettled. | Firearm specification valid under complicity jurisprudence; affirmed. |
| Was the presentence plea withdrawal properly denied? | Withdrawal would prejudice state due to witnesses and docket; timely filing. | Duress and anticipated codefendant testimony warranted withdrawal. | Denial of plea withdrawal affirmed; court did not abuse discretion. |
Key Cases Cited
- State v. Schaim, 65 Ohio St.3d 51 (1992) (joinder and severance principles in Ohio criminal procedure)
- City of Lakewood v. Papadelis, 32 Ohio St.3d 1 (1987) (discovery sanctions and least severe remedy; right to defense)
- Arizona v. California, 460 U.S. 605 (1983) (law of the case doctrine conceptually referenced (federal))
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law of the case governs subsequent stages in same case)
- State v. Xie, 62 Ohio St.3d 521 (1992) (presentence plea withdrawal standard; liberal, but requires basis)
- State v. Leasure, 2002-Ohio-5019 (2002) (balancing factors in plea withdrawal; not solely prejudice to state)