State v. Moses
2014 Ohio 1748
Ohio Ct. App.2014Background
- Anthony Moses was convicted in Franklin County Municipal Court of assault (R.C. 2903.13(A)) and disorderly conduct (Columbus City Code 2317.11(A)(1)) after a bar incident involving Klacik on Aug. 19-20, 2012; the victim and two roommates provided testimony and photographs showed injuries.
- Moses allegedly interrupted Klacik at the Ugly Tuna Saloona, turned off the music, issued a three-count to leave, and then punched Klacik.
- A police officer secured statements from Klacik, McCready, and Stanislaw; Moses’ identity was initially unknown and later confirmed.
- Prosecutor filed charges on Nov. 27, 2012; Moses moved to dismiss for selective prosecution and to compel discovery; the court denied the motions.
- Moses waived jury trial; the court found him guilty on July 29, 2013; he sought a new trial, which the court denied; he timely appealed (No. 13AP-816).
- The appellate court reviews 11 assigned errors, including selective prosecution, Fifth/Fourteenth Amendment issues, sufficiency and weight of the evidence, and self-defense/defense of property defenses; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Selective prosecution claim viability | Moses argues race-based selective prosecution | State discriminated; cross-complaint handling shows bias | No prima facie showing; denial affirmed |
| Custodial interrogation and right to counsel | Interrogation violated Fifth/Sixth Amendments | Prosecutor questioned after probable cause; no counsel present | Interrogation not custodial; rights not implicated; assignments denied |
| Sufficiency and weight of evidence; self-defense/defense of property | Evidence insufficient; testimony false; weight against convictions | Defenses should have applied; credibility issues | Evidence sufficient; not against weight; defenses not proven; convictions affirmed |
| Motion for new trial | New trial should be granted due to credibility issues | Trial court abused discretion | No abuse of discretion; new-trial denial affirmed |
Key Cases Cited
- State v. Flynt, 63 Ohio St.2d 132 (Ohio 1980) (two-part selective-prosecution test)
- State v. Armstrong, 517 U.S. 456 (U.S. 1996) (prosecutor's purpose presumptively non-discriminatory)
- State v. Freeman, 20 Ohio St.3d 55 (Ohio 1985) (evidentiary burden for selective-prosecution analysis)
- State v. Keene, 81 Ohio St.3d 646 (Ohio 1998) (prosecutorial discretion and standard burden)
- State v. Lamar, 95 Ohio St.3d 181 (Ohio 2002) (discrimination requires invidious motive; not presumed)
- State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (sufficiency and weight considerations; defer to trier of fact)
- State v. Cruz-Altunar, 2012-Ohio-4833 (Ohio- (2012)) (manifest-weight review; exceptional circumstances to reverse)
- State v. Lang, 129 Ohio St.3d 512 (Ohio 2011) (manifest weight and sufficiency standards)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for weight of the evidence; deference to fact-finder)