State v. Moore
2024 Ohio 1783
| Ohio Ct. App. | 2024Background
- Tara Moore was convicted of felonious assault after participating in a violent attack on a woman who was pregnant by Tenard Davis; Moore acted with co-defendant Tyerra Pouge.
- The victim was attacked in her car by Moore and Pouge (and a third, unidentified person); Pouge hit the victim with a handgun, causing serious injuries requiring stitches and staples.
- Moore was convicted by jury of causing serious physical harm but acquitted of using a deadly weapon, and sentenced to five to seven and a half years plus one year for a firearm specification.
- On appeal, Moore raised four main issues: ineffective assistance for not filing a motion to sever defendants, an improper Batson challenge denial, and claims that her conviction was not supported by sufficient evidence or against the manifest weight of the evidence.
- The appellate court found the underlying jury verdict and conviction were supported by the evidence and valid under law.
Issues
| Issue | Moore's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective Assistance (Failure to Sever) | Joint trial with Pouge prejudiced Moore due to antagonistic defenses | Antagonistic defenses don't automatically create prejudice warranting severance | No ineffective assistance; severance motion would have been futile |
| Batson Challenge (Jury Selection Discrimination) | State's peremptory against the only black female veniremember was discriminatory | No prima facie case; valid race-neutral basis for strike; Batson doesn't extend to combined race/gender groups | Challenge overruled; Moore failed to show purposeful discrimination |
| Sufficiency of Evidence | Evidence did not sufficiently link Moore to serious harm or Pouge’s actions | Ample evidence Moore assisted, acted in concert with Pouge, and thus was criminally liable | Conviction supported by sufficient evidence |
| Manifest Weight of the Evidence | State’s evidence unreliable and witness testimony contradictory | Victim’s testimony was credible and well-supported; Moore’s arguments lacked specifics | Jury’s verdict is not against the manifest weight of evidence |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Batson v. Kentucky, 476 U.S. 79 (framework for racial/gender discrimination in use of peremptory jury challenges)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio standard for sufficiency of evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio standard for manifest weight of the evidence)