State v. Radloff
2013 Ohio 369
Ohio Ct. App.2013Background
- Radloff was indicted for attempted burglary and proceeded to trial in the Cleveland area.
- Witness Marshall testified he heard a window break, saw a male run, and observed clothing including designer jeans.
- Police later identified Radloff at a nearby recreational center; Marshall positively identified him in a police car.
- Detective Clayton reviewed security video, noted Radloff left Life Skills school at 10:57 a.m. and his two brothers entered the school later at 11:20 a.m.
- There were broken-glass and palm-print evidence around the target window; no fingerprints matched Radloff.
- The jury found Radloff guilty of attempted burglary and the trial court sentenced him to community control with partial jail time suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficiency of evidence for attempt | Radloff | Radloff | Evidence sufficient; reasonable minds could find elements proven |
| Manifest weight of the evidence | Radloff | Radloff | Conviction supported by weight of the evidence |
Key Cases Cited
- State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (standard for reviewing Crim.R. 29 sufficiency)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (birth of the reasonable-doubt standard for sufficiency)
- State v. Bridgeman, 55 Ohio St.2d 261 (1978) (hourglass of reasonable-doubt standard in sufficiency review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight of the evidence and credibility assessment)
- State v. Burgett, 2010-Ohio-5945 (3d Dist. No. 9-10-37) (inference of intent to commit theft from entry and surrounding facts)