State v. Robinson
2019 Ohio 558
Ohio Ct. App.2019Background
- On Oct. 12, 2016 Anthony Brown was shot to death outside his residence at 480 E. Markison Ave.; multiple witnesses saw a dark Chevrolet Impala leave the scene with four occupants.
- Surveillance video from the victim’s residence shows Jason Hicks, Max Holder, and Anthony Robinson (appellant) approach the porch shortly before shots; shell casings (.40 and .45) were recovered near the porches and in the rear alley.
- A Glock .40 recovered near the scene matched .40-caliber casings; ballistics indicated at least two firearms were fired. Brown died of gunshot wounds to the torso.
- Witnesses placed Robinson at the scene minutes before the shooting, wearing all black; after the shooting an individual in black ran to the car and left. Robinson was not observed firing a gun.
- Hicks was shot and transported to a Detroit hospital; Hicks’s wife had rented the Impala from Michigan. On Nov. 3, 2016, Robinson and Hicks were arrested in Detroit.
- Appellant was indicted on multiple counts including kidnapping, aggravated murder, murder, and tampering; at trial the state dismissed some counts and amended others. A jury convicted Robinson of felony murder (R.C. 2903.02(B)) and the court sentenced him to 15 years to life. Robinson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether flight instruction (consciousness of guilt) was properly given | State: Evidence supported an inference Robinson fled immediately after the shooting and later to Michigan; instruction appropriate | Robinson: Arrest in Michigan 3 weeks later and his neighborhood mobility do not show flight; no basis for flight instruction | Affirmed: Instruction proper; sufficient evidence to infer flight and avoid apprehension |
| Whether evidence was sufficient to deny Crim.R. 29 (felony murder) | State: Surveillance, witness ID, shell casings, recovered Glock, and arrests in Detroit support conviction as principal or aider/abettor | Robinson: No witness saw him fire a weapon; mere presence insufficient | Affirmed: Viewing evidence in prosecution’s favor, a rational juror could find elements proven beyond reasonable doubt |
| Whether conviction was against the manifest weight of the evidence | State: Circumstantial and direct evidence collectively supported guilt; no eyewitness shooter ID required | Robinson: Evidence was circumstantial and inconsistent; jury lost its way | Affirmed: Record does not show jury clearly lost its way; conviction not a miscarriage of justice |
Key Cases Cited
- State v. Hand, 107 Ohio St.3d 378 (Ohio 2006) (flight need not be immediate; admissibility not dependent on passage of time)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of the evidence review)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)