State v. Rice
2017 Ohio 2890
| Ohio Ct. App. | 2017Background
- Early morning June 26, 2015: homeowner Dan Seckel heard glass breaking, found rear door shattered and a suspect in a white T‑shirt fleeing; Shelly Seckel’s purse (cards, cash, jewelry) was stolen and not recovered.
- A kitchen spoon (homeowner’s) and a multi‑tool (not belonging to the homeowners) were found in the Seckels’ driveway and submitted to the crime lab.
- Surveillance showed an individual using the victim’s American Express card at an ATM shortly after the break‑in, but the user covered his face and was not identified from the photo.
- DNA testing identified Joshua Rice as the major male source on the multi‑tool; Rice admitted owning a multi‑tool and, in a jail interview after Miranda warnings, admitted breaking into homes in the neighborhood while on drugs and waking the next day with unexplained money and blood on him.
- Rice raised an alibi that he was working/sleeping at Mid‑Ohio Sports Car Course the night in question; his father and a friend testified to his presence, but their accounts and documentation were limited and police could not independently verify the alibi timeline.
- Rice was indicted on two alternative counts of burglary; a jury convicted him, the trial court merged counts and sentenced him to five years. Rice appealed claiming manifest weight and sufficiency (Crim. R. 29) errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction was against the manifest weight of the evidence | State: DNA on the multi‑tool, Rice’s admission he owned such a tool and admitted breaking into neighborhood homes support conviction | Rice: Alibi placing him at Mid‑Ohio and testimony from father/friend show jury erred in crediting inculpatory evidence | Court: Jury did not lose its way; inconsistencies in Rice’s alibi and his admissions support the verdict |
| Whether the trial court erred in denying the Crim. R. 29 motion (sufficiency) | State: Viewed favorably to prosecution, DNA identification plus Rice’s statements permit any rational trier of fact to find guilt beyond a reasonable doubt | Rice: Evidence insufficient to identify him as the burglar despite DNA on multi‑tool and circumstantial testimony | Court: Evidence sufficient; a rational trier of fact could link Rice to the burglary |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest‑weight review)
- State v. Martin, 20 Ohio App.3d 172 (1983) (discussion of manifest‑weight as thirteenth juror)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Dennis, 79 Ohio St.3d 421 (1997) (Crim. R. 29 / sufficiency principles)
- State v. Williams, 74 Ohio St.3d 569 (1996) (sufficiency review authority)