2023 Ohio 3322
Ohio Ct. App.2023Background
- On Nov. 7, 2020, Roberto Williams was fatally shot in the parking lot of an event center; Arreon Samueal was later charged with murder, felonious assault, and weapons-under-disability, each with firearm specifications where applicable.
- Eyewitness Clifford Gaither heard the shooter’s voice and later identified it as Samueal; Gaither and others described the shooter’s clothing (red/black/white jacket, black skullcap) and build.
- Investigators recovered a white Chevrolet registered to Jahlen Price; a black skullcap was found in the car and Samueal’s fingerprints were identified inside the vehicle. Price testified Samueal had a handgun that night and brought back clothing after the shooting.
- Forensic evidence: gunshot residue on the jacket sleeves, DNA matching Samueal on the skullcap, t-shirt, and black pants (not on the jacket), projectile comparisons consistent with a .38-caliber weapon, and cellphone location data placing Samueal in the area.
- A jury convicted Samueal on all counts; the trial court imposed an aggregate sentence of 21 years to life. On appeal Samueal raised juror misconduct, jury instructions on expert credibility, sufficiency/manifest weight of the evidence, and an alleged clerical sentencing error in the judgment entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alleged juror misconduct (comment about testifying) | Juror’s explanation and assurances show no bias; removal unnecessary | Comment about preferring to testify could have biased jurors; mistrial/full voir dire required | No plain error: court rehabilitated juror, found no taint, denial of mistrial affirmed |
| Expert-credibility jury instruction | General credibility instruction adequately covered expert testimony | Court should have given specific expert-witness credibility instruction (OJI CR 409.21) | No plain error: general credibility instruction sufficient in context |
| Sufficiency and manifest weight of the evidence | Circumstantial and forensic evidence (voice ID, clothing, GSR, DNA, fingerprints, projectile match, cell data, Price’s testimony) supported convictions | No eyewitness saw the shooting; gaps and inconsistencies undermine verdict | Evidence sufficient and not against manifest weight; convictions affirmed |
| Sentencing entry clerical error | State concedes judgment entry contains clerical error for count one and should be corrected | Judgment entry incorrectly lists murder sentence as 15 years to 22.5 years rather than 15 years to life as pronounced | Sustained in part: remanded for nunc pro tunc correction of the judgment entry; substantive judgment otherwise affirmed |
Key Cases Cited
- State v. Long, 372 N.E.2d 804 (Ohio 1978) (plain-error relief to be exercised with utmost caution)
- State v. Barnes, 759 N.E.2d 1240 (Ohio 2002) (court not required to correct plain error)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
- Miller v. Webb, 385 F.3d 666 (6th Cir. 2004) (juror-rehabilitation principle cited for impartiality evaluation)
- State v. Kirkland, 157 N.E.3d 716 (Ohio 2020) (juror impartiality plus rehabilitation standard)