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State v. Romine
2011 Ohio 6774
Ohio Ct. App.
2011
Read the full case

Background

  • Romine was convicted by a jury of complicity to burglary (third-degree) and complicity to theft (fifth-degree) arising from a plan to steal a safe and televisions from the Bean residence.
  • Witness Heaven Smith testified Romine drove the group to the Bean home and helped carry a large television; she later admitted involvement.
  • Sandy Au Yeung testified she and Carmichael took a small television; Romine allegedly aided and abetted during the burglary and theft.
  • Police observed two males carrying a large TV from Bean’s house; Romine was identified near the scene and later arrested with a handgun grip found on him.
  • Romine argued the State failed to prove he knowingly aided in burglary; the defense emphasized credibility and inconsistencies in co-defendant testimony.
  • The trial court denied Romine’s weight-of-the-evidence challenge; the appellate court affirmed, upholding the conviction.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the conviction for complicity to burglary is against the manifest weight of the evidence Romine contends the State failed to prove purposeful aiding State; Romine argues witnesses’ credibility undermines proof Not against the weight; evidence supports aiding and abetting

Key Cases Cited

  • State v. Brown, 2009-Ohio-5390 (Athens App. 2009) (manifest weight standard for appellate review)
  • State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight of the evidence standard and deference to jury credibility)
  • State v. Eskridge, 38 Ohio St.3d 56 (1988-Ohio-56) (standard governing manifest weight review)
  • Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (1984-Ohio-460) (credibility and judge’s role in weighing testimony)
  • State v. Parish, 2005-Ohio-7109 (Washington App. Nos. 05CA14 & 05CA15, 2005) (appellate review of conflicting witness testimony)
  • State v. Murphy, 2008-Ohio-1744 (Ross App. No. 07CA2953) (trier of fact credibility determinations)
  • State v. Santiago, 2011-Ohio-3058 (Cuyahoga App. No. 95516) (flight evidence as indicia of guilt)
Read the full case

Case Details

Case Name: State v. Romine
Court Name: Ohio Court of Appeals
Date Published: Dec 22, 2011
Citation: 2011 Ohio 6774
Docket Number: 11CA1
Court Abbreviation: Ohio Ct. App.