History
  • No items yet
midpage
State v. Patterson
2012 Ohio 2839
Ohio Ct. App.
2012
Read the full case

Background

  • 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))
Read the full case

Case Details

Case Name: State v. Patterson
Court Name: Ohio Court of Appeals
Date Published: Jun 25, 2012
Citation: 2012 Ohio 2839
Docket Number: 5-11-15
Court Abbreviation: Ohio Ct. App.