State v. Ross
2012 Ohio 536
Ohio Ct. App.2012Background
- Ross, Lorain County Commissioner, engaged in the Justice Center project relations with Jones and Finkel, leading to contracts for Erie Shores and related transactions.
- Jones funneled funds to Ross via Erie Shores and MarketShape, with anticipated (and in some cases actual) kickbacks from the Justice Center and 25 East Avenue building deal.
- Ross used his official position to influence county approvals that benefited Jones, including multi-firm selections and the building purchase.
- Jones, Gordon, Carbone, and Finkel faced separate prosecutions related to the same scheme; Finkel died before trial.
- Ross was indicted in two consolidated cases (2005 and 2006) on multiple counts, including bribery, conspiracy, money laundering, and unlawful interest in public contracts; he was convicted on nineteen counts and sentenced to prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial delay warrants dismissal of the indictment | Ross | Ross | No abuse of discretion; delay untimeliness not prejudicial |
| Sufficiency of the indictment to charge pattern of corrupt activity | State | Ross | Indictment provided notice and enumerated predicate acts; sufficient |
| Sufficiency of evidence for bribery and related offenses | State | Ross | Sufficient evidence; payments linked to votes and contracts; MarketShape used as conduit |
| Effectiveness of defense counsel; jury instructions on accomplice testimony | State | Ross | No plain error; instructions adequate given corroboration and cross-examination |
| Whether verdict forms violated Pelfrey/Johnson allied-offense requirements and multiplicity | State | Ross | Remanded to apply Johnson; Pelfrey error requires vacatur of certain counts; proceedings remanded for proper sentencing |
Key Cases Cited
- State v. Saxon, 2009-Ohio-6905 (9th Dist. 2009) (de novo review for speedy-trial/indictment delays; timely filing matters)
- State v. Dunning, 2007-Ohio-7039 (9th Dist. 2007) (abuse of discretion standard for untimely pretrial motions)
- State v. Barnes, 2002-Ohio-? (2002) (Ohio) (plain-error review for indictment defects; notice required)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (manifest weight review guidance)
- State v. Hill, 1996-Ohio-? (1996) (Ohio St.) (constitutional error review; non-unanimous or cumulative error framework)
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (Johnson v. Supreme Court on allied offenses; Johnson governs remand)
- State v. Banaag, 2000 WL 108856 (9th Dist. 2000) (plain-error standard for accomplice instruction (cited in context))
- State v. McIntyre, 2010-Ohio-256 (9th Dist. 2010) (Pelfrey-like verdict form error; need degree/aggravating element on verdict)