State v. Rhines
2012 Ohio 3393
Ohio Ct. App.2012Background
- Stolen Chevrolet Malibu driven by Rhines crashed into a minivan and a Grand Prix in downtown Dayton after running a red light, killing Dwayne Bullock and injuring others.
- Rhines fled on foot and was apprehended with a limp; witness testimony linked him to the driver’s side of the Malibu.
- Rhines was indicted May 5, 2010 for aggravated vehicular homicide, three counts of vehicular assault, one count of receiving stolen property, and one count of failure to stop after an accident.
- He was found guilty after a five-day trial (October 18–22, 2010) and sentenced December 30, 2010 to an aggregate 11 years in prison plus a six-month concurrent sentence and a 25-year license suspension.
- Rhines timely appealed on January 3, 2011, challenging multiple trial issues including juror note-taking, the dynamite charge, weight of the evidence, alleged ineffective assistance, and evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror note-taking during trial and use as evidence | Rhines argues jurors’ notes and use during deliberations were improperly allowed | Rhines asserts trial court failed to properly instruct on note use | No reversible error; court properly instructed and notes permissible abbreviating deliberations |
| Dynamite/Howard charge to a potentially deadlocked jury | State and defense consented to the instruction | Rhines claims coercion toward a guilty verdict | Waived; instruction not reversible error given consent and deadlock duration |
| Conviction against manifest weight of the evidence | State’s evidence supports Rhines’ guilt beyond reasonable doubt | Evidence weighed heavily against the conviction | Conviction not against the manifest weight; credibility largely for the jury to determine |
| Ineffective assistance of trial counsel | Counsel failed to call witnesses/expert and failed to object to note-taking | Strategic choices and cross-examination were adequate | Not established; no prejudice shown from counsel’s decisions |
| Impeachment of Yarborough via prior vehicular assault conviction | Yarborough’s prior conviction should be admissible to attack credibility | Prior conviction mislabeled as assault could mislead as substantive evidence | Error in reclassifying as assault but harmless; did not prejudice Rhines |
Key Cases Cited
- State v. Waddell, 75 Ohio St.3d 163 (Ohio 1996) (trial court may allow juror note-taking; no automatic error)
- State v. Wickline, 50 Ohio St.2d 114 (Ohio 1990) (plain error standard for note-taking concerns)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain error analysis framework)
- State v. Howard, 42 Ohio St.3d 18 (Ohio 1989) (dynamite/Howard instruction regarding deadlocked juries)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight-of-the-evidence standard and credibility deference)
- State v. Noling, 98 Ohio St.3d 44 (Ohio 2002) ( Evid.R. 609 discretion with prejudice considerations)
- State v. Amburgey, 33 Ohio St.3d 115 (Ohio 1987) (limits on admissibility of prior convictions; use of name vs. substance)