State v. Rice
2012 Ohio 2174
Ohio Ct. App.2012Background
- M.R. (11) alleged Rice sexually abused her starting August 2008, including oral sex and genital contact; Lund confronted Rice after M.R. disclosed, Rice allegedly confessed.
- DNA testing showed foreign DNA on M.R.’s breast consistent with Rice; pornographic material found on the family computers.
- Rice was indicted on multiple counts; he pleaded guilty to some but post-conviction relief vacated some convictions; later a suppression hearing occurred.
- The State dismissed some counts, resulting in seven verdicts and a mistrial on two counts; the State amended rape to sexual battery in exchange for a plea, sentencing Rice to ten years.
- Rice appeals on seven assignments of error, challenging suppression rulings, DNA testing procedures, admissibility of computer evidence, sufficiency of evidence, weight of evidence, and cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless computer search valid under common authority | Rice | Rice | Suppression denied; Lund had common authority to consent. |
| DNA sample consumption; notice and testing procedures | Rice | Rice | No bad-faith destruction; suppression denied. |
| Admissibility of computer-derived images; evidentiary foundation | Rice | Rice | Forfeited; plain-error not argued; review limited. |
| Sufficiency of evidence for computer-based counts | Rice | Rice | Evidence sufficient to sustain convictions. |
| Cumulative error and overall fairness of trial | Rice | Rice | No reversible cumulative error; trial not deprived of fair outcome. |
Key Cases Cited
- State v. Mills, 62 Ohio St.3d 357 (1992) (mixed law and fact in suppression review)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (standard to review suppression findings)
- State v. McNamara, 124 Ohio App.3d 706 (1997) (independent legal review of facts after factual finding)
- State v. Burnside, 100 Ohio St.3d 152 (2003) ( appellate deference in suppression analysis)
- State v. Beougher, 2003-Ohio-3591 (2003) (common authority over shared premises search)
