State v. Price
2013 Ohio 3912
Ohio Ct. App.2013Background
- Appellant Christian Price convicted by jury of kidnapping with sexual motivation and SVP specifications after rape charge was acquitted.
- Victim K.L., 18, testified she went to Price’s house for a brief visit and was forcibly moved to a bedroom where rape allegedly occurred.
- Text messages between Price and K.L. before and after the incident were contested and later reviewed via cellphone records.
- Court imposed a 10 years to life term for kidnapping with SVP specification, consecutive to another case.
- Appeal asserted manifest weight, ineffective assistance, and several trial-wept procedural/instruction errors; the panel affirmed the kidnapping conviction.
- Key factual point: the rape charge was not proven beyond a reasonable doubt, but kidnapping with sexual motivation was supported by evidence of force or restraint to engage in sexual activity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether kidnapping with sexual motivation is against the manifest weight | Price argues weight favors not guilty on kidnapping | State contends sufficient weight supports conviction | Not against the weight; evidence supports kidnapping conviction. |
| Whether the court erred by not giving a safe-place instruction and by sufficiency concerns | Safe-place instruction required; sufficiency challenged | No plain error; not unequivocal evidence of safe-place release | No plain error; sufficient evidence to support first-degree kidnapping conclusion. |
| Whether counsel was ineffective for not pursuing safe-place instruction and for closing arguments | Ineffective assistance due to omission and strategy | Closing arguments and strategy not deficient | Counsel not ineffective; decisions within trial strategy. |
| Whether the court’s motive instruction and Howard charge were properly administered | Motive instruction and Howard charge overly coercive | Instructions and Howard charge were proper and non-coercive | No reversible error; proper administration of jury instruction and Howard charge. |
Key Cases Cited
- State v. Bowden, 8th Dist. Cuyahoga No. 92266 (2009-Ohio-3598) (manifest weight review for criminal verdicts)
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (manifest weight standard; credibility of witnesses for weight review)
- State v. Kurtz, 8th Dist. Cuyahoga No. 99103 (2013-Ohio-2999) (credibility; weight and sufficiency in manifest-weight review)