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2011 Ohio 3686
Ohio Ct. App.
2011
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Background

  • Murphy was indicted on ten counts: four rape, four sexual battery, kidnapping with a sexual-motivation spec, and intimidation of a crime victim or witness.
  • Jury found Murphy guilty of four counts of sexual battery; other counts were acquitted.
  • Trial court sentenced Murphy to 20 years total on the four sexual battery convictions, with five years postrelease control and Tier III designation.
  • Murphy testified and admitted taking sexual photos of the victim; he claimed she consented, while the victim testified she was sleeping.
  • The State argued the victim was substantially impaired and Murphy knew of that impairment, satisfying the elements of sexual battery.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Ineffective assistance—whether trial counsel erred by not objecting to cross-examination State contends cross-examination was proper impeachment; Murphy opened the door Murphy argues counsel was ineffective for failing to object to improper questions No; questions were proper and not ineffective counsel
Weight of the evidence State asserts evidence supports all elements beyond reasonable doubt Murphy contends the victim’s credibility and consistency undermine the verdict No; evidence supports the verdict and no manifest miscarriage of justice
Allied offenses—whether four sexual-battery counts were merged State asserts four acts were separate and not allied Murphy argues counts were allied and should merge Not allied; four distinct acts not a single continuous offense

Key Cases Cited

  • State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (defines allied offenses under R.C. 2941.25 after Johnson overruled Rance)
  • State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight of the evidence standard; deferential to jury credibility)
  • State v. Rance, 85 Ohio St.3d 632 (1999-Ohio-291) (overruled by Johnson on allied offenses analysis)
Read the full case

Case Details

Case Name: State v. Murphy
Court Name: Ohio Court of Appeals
Date Published: Jul 28, 2011
Citations: 2011 Ohio 3686; 95705
Docket Number: 95705
Court Abbreviation: Ohio Ct. App.
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