2011 Ohio 3686
Ohio Ct. App.2011Background
- 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)