Background
Moore was convicted in a bench trial of kidnapping and one count of gross sexual imposition; the charges arose from an August 17, 2011 incident.
Witness Rosa Calvo and Jonathan Wilbraham testified they woke to screams and saw Moore on top of the victim with her clothes torn and pants down.
Officer Ismael Quintana witnessed the victim on the ground with Moore on top; victim reported sexual assault and attempted digital penetration.
Moore admitted, after Miranda rights, that he and the victim had smoked crack and he believed she owed him sex.
The victim testified about prior touching by Moore in the ride home; she escaped as Moore grabbed her arm.
Court found Moore guilty of kidnapping and one gross sexual imposition count; sentenced to five years; Moore appeals on sufficiency and manifest weight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the convictions are supported by sufficiency and weight of the evidence. | Moore argues the evidence is insufficient and the verdict weights against credibility. | Moore contends the trial court erred by weighing the evidence in his favor; credibility issues undermine the verdict. | Convictions affirmed; weight supports sufficiency; no reversal necessary. |
Key Cases Cited
- State v. Roche, 8th Dist. No. 96801, 2012-Ohio-806 (2012) (manifest weight and sufficiency review limits and standards)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (1984) (great deference to trial court credibility; comprehensive weight review)
- State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967) (test for credibility and weighting of witness testimony)
- State v. Thompkins, 78 Ohio St.3d 380, 1997-Ohio-52, 678 N.E.2d 541 (1997) (definition of weight of the evidence; appellate deference to trial court)