State v. Rose
2012 Ohio 5607
Ohio Ct. App.2012Background
- Defendant Rose convicted at a second jury trial of rape, kidnapping, and assault after a mistrial in the first trial.
- Two Victims: T.N. was raped and kidnapped at Firehouse Café; Velde was assaulted after a Code section incident.
- Joinder of counts regarding T.N. and Velde was challenged; trial court denied severance.
- Mistrial occurred when original judge became incapacitated; replacement judge presided over a second trial.
- Judgment of conviction entered November 8, 2011; aggregate sentence 15 years; Rose appeals seven assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of joined offenses was proper | Rose contends joinder prejudiced the jury | Rose argues severance would prevent prejudice | No abuse of discretion; joinder simple and direct |
| Double jeopardy bar to retrial after mistrial | Mistrial lacked manifest necessity; Crim.R. 25(A) not properly used | Judge substitution adequate but mistrial necessary | Not barred; mistrial proper; retrial permissible |
| Admission of hearsay narrative in Exhibit 14 | Narrative not within Evid.R. 803(4) hearsay exception | Nurse's narrative admissible as part of medical history | Error harmless; cross-examination preserved confrontation rights; no reversal |
| Limitation on defense closing argument | Time limit denied full closing | Limit was reasonable; waiver | No reversible error; closing argument time limit was harmless |
| Manifest weight vs. sufficiency of evidence for rape/kidnapping | Evidence insufficient or against weight of evidence | Credibility issues for jury; corroboration not required | Not against the manifest weight; convictions upheld |
Key Cases Cited
- State v. Moshos, 2010-Ohio-735 (Ohio (12th Dist.) 2010) (joinder should be denied only for prejudice; simple and direct evidence supports joinder)
- State v. Ashcraft, 2009-Ohio-5281 (Ohio (12th Dist.) 2009) (test for severance under Crim.R. 14; prejudice standard)
- State v. Schaim, 1992- Ohio-131 (Ohio (1992)) (joinder and severance principles in criminal trials)
- State v. Franklin, 1991-Ohio-118 (Ohio (Supreme Court) 1991) (limiting instructions and severance considerations)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (Kalish two-step framework for appellate review of sentences)