State v. Richerson
2012 Ohio 457
Ohio Ct. App.2012Background
- Nine months after a dispute with Michael Drake, Richerson attacked Drake in a convenience store, punching and kicking him until he fell.
- During the attack Richerson displayed a gun/holster to Drake by lifting his jacket, and told Drake not to follow him.
- A gun and holster were later found on the passenger seat of Richerson's vehicle when arrested, and Richerson had made statements to officers and from jail about showing the gun.
- The grand jury indicted Richerson for felonious assault with a firearm specification and aggravated menacing; Richerson waived a jury trial, and a judge found him guilty of felonious assault and the firearm specification, sentencing five years in prison.
- On appeal, Richerson challenges (1) the sufficiency of the evidence for the firearm specification and (2) the admission of out-of-court statements about the gun as plain error; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the firearm specification evidence | Richerson argues there was no witness to a gun during the attack | State contends the evidence (video, holster, statements) proves possession | Sufficient evidence supports the firearm specification |
| Admissibility of out-of-court statements (corpus delicti) | Corpus delicti not proven; statements were inadmissible without external proof | There was external proof (holster, gun, witnesses) satisfying corpus delicti | Court correctly admitted the statements; no plain error |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (reversed standard; sufficiency review applies to firearm elements)
- State v. Van Hook, 39 Ohio St.3d 256 (1988) (corpus delicti requires some proof outside confession)
- State v. Maranda, 94 Ohio St. 364 (1916) (two elements: act and criminal agency; body of crime)
- State v. Knight, 2d Dist. No. 2003 CA 14, 2004-Ohio-1941 (2004) (circumstantial evidence may prove possession of a weapon)
- State v. Long, 53 Ohio St. 2d 91 (1978) (plain error standard for criminal appeals)
- State v. Wright, 2011-Ohio-5641 (9th Dist.) (evidence may prove possession of a firearm by words/conduct)