State v. Murry
2014 Ohio 1812
Ohio Ct. App.2014Background
- Defendant Marcus Murry (former boyfriend of Bari Hemphill) was charged after biting and maiming Charles Hemphill during an altercation in April 2012; victim suffered ear and scalp injuries requiring surgery and permanent disfigurement.
- Evidence showed prior animosity and earlier threats/assaults by Murry against Charles Hemphill.
- At trial Hemphill and his girlfriend Gemma Dodds testified; Murry testified claiming self-defense (victim threatened him with a hammer and he bit to free himself).
- The trial court convicted Murry of two counts of felonious assault (serious physical harm and deadly-weapon), said it would merge the deadly-weapon count, but the written entry imposed concurrent six-year terms for each count.
- On appeal Murry challenged (1) admission of prior-acts evidence, (2) admission of prior consistent statements, (3) effectiveness of trial counsel for not objecting, (4) sufficiency/weight of the evidence, and (5) his sentence/notification of earned-credit eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior-acts evidence | State: prior acts show motive and animosity, thus admissible under Evid.R. 404(B) | Murry: prior-acts evidence was improper and prejudicial | Court: Admissible to show animosity/motive; no plain error — overruled defendant |
| Admission of prior consistent statements | State: statements to officer were consistent with trial testimony and rebut charge of fabrication (Evid.R. 801(D)(1)) | Murry: statements improperly bolstered Hemphill | Court: Statements admissible to rebut implied fabrication on cross-exam; no plain error — overruled defendant |
| Ineffective assistance of counsel | State: counsel’s failure to object was not deficient because evidence was admissible | Murry: counsel deficient for not objecting to the above evidence | Court: No deficiency or prejudice because objections would have lacked merit — claim denied |
| Sufficiency / manifest weight | State: evidence (wounds, surgery, disfigurement, eyewitness testimony) proves felonious assault beyond reasonable doubt | Murry: acted in self-defense; conviction unsupported | Court: Evidence sufficient; trier of fact did not lose its way — convictions upheld |
| Sentencing / merger and credit notification | State: court properly considered factors and imposed lawful sentence; merger was pronounced at hearing | Murry: court failed to consider statutory factors and failed to notify about earned-credit eligibility | Court: Sentence not contrary to law and notification not required under amended statute; but written judgment must reflect merger — sentences vacated in part and remanded to amend entry |
Key Cases Cited
- State v. Lukacs, 188 Ohio App.3d 597 (Ohio App. 2010) (plain-error review for unobjected-to evidence)
- State v. Waddy, 63 Ohio St.3d 424 (Ohio 1992) (standard for sufficiency of evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (applying Strickland in Ohio)
- State v. White, 997 N.E.2d 629 (Ohio App.) (2013) (appellate review standard for sentences)