State v. Patterson
2012 Ohio 2839
Ohio Ct. App.2012Background
- Patterson was convicted by jury of aggravated felony murder, aggravated burglary, improper discharge of a firearm into an occupied structure, and tampering with evidence, with accompanying firearm specifications.
- The shooting occurred when Patterson kicked in Snyder’s apartment door, fired through it at Snyder, who was behind the door, and fled to Toledo, abandoning the gun.
- The grand jury indicted Patterson on four counts and firearm specifications; Patterson pled not guilty.
- The trial court denied bond modifications; Patterson remained in custody pending trial.
- The trial court later found Counts 1–3 allied offenses and sentenced on aggravated felony murder to life with 30-year parole eligibility, plus separate terms for firearm and tampering with evidence, all consecutive for a total life-plus sentence.
- On appeal Patterson challenges sufficiency/weight, bond, venue, jury instructions, admission of prior statements, and related procedural rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of evidence for aggravated felony murder | State argues evidence supports trespass and intent to kill | Patterson asserts insufficiency or weight issues for burglary element and intent | Evidence supports conviction; not against weight of evidence |
| Excessive bond and due process/assistance | Excessive bail violates due process and counsel effectiveness | Bond justified by flight risk and seriousness of offenses | Bond not excessive; no ineffective assistance shown |
| Change of venue/pretrial publicity and counsel performance | Publicity prejudiced jury; counsel failed to timely raise issue | Voir dire and two-part questionnaire mitigated prejudice; no ineffective assistance | No abuse of discretion; counsel not ineffective; change of venue properly denied |
| Admission of Hampton statement and related evidentiary rulings | Hampton’s prior statement admissible as probative of theory and corroboration | Hampton statement is prejudicial hearsay; improper vouching by officers | Admission proper under Evid.R. 801(D)(1)(b); no plain error; officers' testimony admissible for investigatory process |
Key Cases Cited
- State v. Wright, 3d Dist. No. 5-01-10 (Aug. 24, 2001) (entry tunnel? sufficient for burglary trespass when any part of body enters)
- State v. Treesh, 90 Ohio St.3d 460 (2001) (establishes standard for intent when determining intentional killings)
- State v. Roberts, 2006-Ohio-3665 (Ct. App.) (voicing that voir dire best test for pretrial publicity impact; abuse of discretion standard)
- State v. Jenks, 61 Ohio St.3d 259 (1981) (sufficiency of evidence standard (Jenks))
- State v. Kalish, 120 Ohio St.3d 23 (2008) (standard of review for felony sentencing under R.C. 2953.08(G))
