State v. Porter
2013 Ohio 3969
Ohio Ct. App.2013Background
- Porter attended his step-brother's wedding in Medina County on Aug. 6, 2011 with family members including 13-year-old C.S.
- After the wedding, Porter allegedly hosted an after-party where C.S. and others drank; C.S. was given shots of peppermint schnapps.
- During the night, C.S. was found on a couch with Porter nearby; Jessie observed Porter touching C.S.'s bare vagina and alerted authorities.
- C.S. was found to be intoxicated; medical and police interviews suggested Porter had given her alcohol and had sexual contact with her while she was impaired.
- Porter was indicted on two gross sexual imposition counts; the court granted a Crim.R. 29 motion dismissing one count; the jury convicted on the remaining count and Porter was sentenced to one year in prison.
- On appeal, Porter raises issues about sufficiency/weight, ineffective assistance of counsel, and plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the GSI conviction | State contends evidence supports conviction | Porter contends insufficient evidence and that verdict is against the weight of the evidence | Conviction supported by sufficient evidence; not against weight of the evidence |
| Ineffective assistance of counsel | State argues no prejudice from alleged deficient performance | Porter claims multiple failures, including not presenting a DNA expert and other witnesses | No reversible error; claims fail under Strickland and record does not show prejudice |
| Plain error | State argues no plain error from admitted evidence | Porter argues the taped interview and testimony were cumulatively prejudicial | No plain error; no manifest miscarriage of justice shown |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for sufficiency; de novo review of evidence to support conviction)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; view evidence in light most favorable to the state)
- State v. Otten, 33 Ohio App.3d 339 (1986) (manifest weight review; 'thirteenth juror' standard)
- State v. Maynard, No. 07CA0116-M, 2009-Ohio-282 (2009) (sleep as substantial impairment under R.C. 2907.05(A)(5)")
- State v. Hardges, No. 24175, 2008-Ohio-5567 (2008) (Crim.R. 52(B) plain error standard)