State v. Rohde
2014 Ohio 5580
Ohio Ct. App.2014Background
- Rohde indicted May 10, 2013 on two counts of unlawful sexual conduct with a minor and eight counts of sexual imposition; he pled not guilty.
- Rohde moved to quash the indictment Oct 25, 2013, arguing filing after the grand jury discharged; the court overruled Dec 3, 2013.
- State dismissed five counts before trial; jury convicted Rohde on one count of sexual imposition; others acquitted.
- Victim S.L., age 14, slept over at Rohde’s with Rohde and Roh6e friends; alleged abuse during a winter 2011 sleepover.
- Defense challenged a cross-examination restriction involving a poem not disclosed in discovery; local rules require reciprocal discovery.
- Rohde was sentenced Jan 21, 2014 to community-control sanctions; appeal followed affirming conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over indictment after grand jury discharge | Rohde argues indictment filed after discharge voids jurisdiction | Rohde contends timing defeats valid filing | Indictment filing timeliness is not jurisdictional error; trial court proper to overrule |
| Cross-examination restriction for undisclosed poem | Rohde argues Confrontation Clause violation due to discovery sanction | Rohde contends poem impeachment should be allowed | No abuse of discretion; trial court could restrict impeachment under discovery rules |
| Sufficiency/corroboration for sexual imposition conviction | State argues sufficient corroboration under 2907.06(B) | Rohde argues lack of corroborating evidence | Record contains sufficient corroboration; conviction not against weight of the evidence |
| Manifest weight of the evidence for sexual imposition | S.L.'s testimony alone should suffice with corroboration | D.R. and Rohde’s wife contradict L’s testimony | Not against the weight; credibility determinations for the factfinder; sufficient evidence |
Key Cases Cited
- State v. Mbodji, 129 Ohio St.3d 325 (Ohio 2011) (jurisdiction may be raised at any time; Crim.R. 12(C)(2))
- State v. Jones, 2009-Ohio-6498 (Ohio 2009) (timeliness of pretrial motions; Crim.R. 12(D))
- State v. Economo, 76 Ohio St.3d 56 (Ohio 1996) (slight corroboration sufficient under 2907.06(B))
- State v. Shah, 2014-Ohio-1449 (2d Dist. Montgomery No. 25855) (corroboration standards for sexual imposition)
- Lakewood v. Papadelis, 32 Ohio St.3d 1 (Ohio 1987) (discovery sanctions; detriment to rights must be balanced)