State v. Murphy
2018 Ohio 3506
Ohio Ct. App.2018Background
- Defendant Donte Murphy, a high-school track coach (Ponitz/DPS), continued coaching after his 2016 termination and engaged in sexual activity with D.M., who turned 18 in February 2016.
- Murphy submitted a pupil-activity permit purportedly issued August 8, 2014, with his 2016 coaching application; the Ohio Dept. of Education had no record of issuing a 2014 permit and listed his application as pending.
- The submitted 2014-style permit matched Murphy’s valid 2011 permit except for altered dates and other indicia suggesting falsification.
- Murphy was indicted on three counts of sexual battery (R.C. 2907.03(A)(7)) and on tampering with records and forgery (elevated to felony because the document was kept by a governmental entity).
- After a bench trial (defendant waived jury), the court found Murphy guilty on all counts and sentenced him to community control; Murphy appealed claiming insufficient/weight-of-evidence and statutory unconstitutionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight for tampering with records and forgery (document altered; intent) | State: circumstantial evidence (document discrepancies, ODE denial, possession and submission) proves alteration and intent to defraud | Murphy: no direct proof of alteration, intent, or that document belonged to a gov't entity; venue not proven | Court: Evidence sufficient; intent may be inferred; convictions not against manifest weight |
| Whether document "kept by or belongs to" a governmental entity (elevation to felony) | State: Murphy submitted the permit to the school board, which retained it; school board is a governmental entity | Murphy: no evidence ODE or any government entity kept/owned the permit after issuance or after submission | Court: Board is a governmental entity and kept the submitted permit; element proven beyond reasonable doubt |
| Venue for tampering/forgery (offense location) | State: facts and circumstances (Murphy lived/worked in Montgomery County; application for permit to work in county; no evidence of another county) establish venue | Murphy: challenges lack of express proof of county where offense occurred | Court: Venue may be inferred from circumstances; proven beyond reasonable doubt |
| Sexual-battery liability under R.C. 2907.03(A)(7): was Murphy "serving in a school" after termination? | State: Murphy continued to perform coaching duties (practices, meets, attire), so he was "serving in" the school and thus within statute | Murphy: he was terminated and not authorized; therefore not a coach/serving person under the statute | Court: "Serving" construed by ordinary meaning (performing duties); evidence showed he was serving as coach; conviction upheld |
| Constitutionality of R.C. 2907.03(A)(7) (impinges consensual adult sex) | State: statute rationally furthers protection of students from persons in authority; rational-basis standard applies | Murphy: statute improperly criminalizes consensual relations between adults when the student is no longer a minor | Court: statute is presumptively constitutional and survives rational-basis review as tailored to prevent abuse of authority; challenge rejected |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review under due process)
- Lawrence v. Texas, 539 U.S. 558 (consensual adult sexual conduct and level of judicial scrutiny)
- State v. Thompkins, 78 Ohio St.3d 380 (manifest-weight standard)
- State v. Dennis, 79 Ohio St.3d 421 (sufficiency review discussion)
- State v. Jenks, 61 Ohio St.3d 259 (circumstantial and direct evidence equivalence)
- State v. Nicely, 39 Ohio St.3d 147 (conviction may rest on circumstantial evidence)
- State ex rel. Dickman v. Defenbacher, 164 Ohio St. 142 (presumption of statutory constitutionality)
- Martin, 20 Ohio App.3d 172 (discussing new-trial exercise when verdict is against weight of evidence)