State v. Phillips
2012 Ohio 473
Ohio Ct. App.2012Background
- May 26, 2006, Phillips and three others in Chevy 84 engage Lincoln; gunshots fired; officers witness muzzle flashes from Chevy 84; Phillips apprehended after pursuit.
- Tolbert, Lovelady, and Brown injured by gunfire; Tolbert driver paralyzed on one side, Lovelady blinded; other passengers unharmed.
- Phillips’s hands and Chevy 84 window area test positive for gun residue; other suspects negative; defense alleges gold car fired shots.
- Jurors found Phillips guilty of multiple counts including attempted murder, felonious assault, attempted felonious assault, and inducing panic; firearms specifications added.
- Trial court sentenced Phillips to 92 years plus a mandatory five-year postrelease control; appellate court remanded on certain issues.
- This court ultimately affirms and vacates/prunes several convictions and sentences, ordering remand for election by the state and resentencing consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions for attempted murder and felonious assault are against weight of the evidence | Phillips | Phillips | Weight supported; no manifest miscarriage of justice |
| Whether evidence suffices to support attempted murder/felonious assault of Officer Lentz | State | Phillips | Sufficiency found; complicity theory supported |
| Whether firearm specifications merger requires vacatur or remand | State | Phillips | Merger required; remand for merger and resentencing |
| Whether inducing panic convictions should be felonies or misdemeanors | State | Phillips | Convictions limited to first-degree misdemeanors upon remand |
| Whether admission of juvenile history questions violated due process | State | Phillips | Cross-examination exception permissible; no reversible error |
Key Cases Cited
- State v. Johnson, 93 Ohio St.3d 240, 2001-Ohio-1336, 754 N.E.2d 796 (Ohio Supreme Court 2001) (defining allied offenses and要 jury complicity standard)
- State v. Whitfield, 124 Ohio St.3d 319, 2010-Ohio-2, 922 N.E.2d 182 (Ohio Supreme Court 2010) (merger and remand when multiple punishments for allied offenses; state must elect on remand)
- State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (Ohio Supreme Court 1967) (weighs evidence standard in evaluating sufficiency/weight claims)
- State v. Marinski, 139 Ohio St.3d 559, 41 N.E.2d 387 (Ohio Supreme Court 1942) (precedent for using life history in cross-examination under certain conditions)
- State v. Pelfrey, 112 Ohio St.3d 422, 860 N.E.2d 735 (Ohio Supreme Court 2007) (limits on inducing panic wording; sentencing implications)