State v. Shank
2016 Ohio 7819
| Ohio Ct. App. | 2016Background
- Patrick J. Shank was indicted (2012) on multiple counts: ten counts of rape and two counts of rape under different subsections; he waived a jury and proceeded to a bench trial.
- The trial court convicted Shank of rape on three counts (Counts 1, 2, 8) and of the lesser-included offense of sexual battery on nine counts (Counts 3–7, 9–12). He was sentenced to an aggregate nine years, consecutive to a prior sentence.
- The victim, A.M., testified she began babysitting for the Shanks as a minor (age 12), was repeatedly given alcohol, became intoxicated, and was sexually assaulted multiple times in 2003–2004, including incidents at the Shank home and in Cleveland (May 8, 2004).
- The State also presented testimony from another alleged victim, R.A., describing similar conduct when she was a teenager; the trial court admitted that testimony as other-acts evidence under Evid.R. 404(B).
- Defense witnesses (Mrs. Shank, children, neighbors, bandmate) disputed aspects of A.M.’s account (e.g., alcohol provision, babysitting, access to practices); defense introduced photos of Shank’s genital scar and records about Mrs. Shank’s work schedule.
- On appeal Shank raised five assignments of error: sufficiency of evidence, manifest weight, ineffective assistance (failure to let him testify; no venue motion), erroneous admission of other-acts evidence, and cumulative error. The Ninth District affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Shank) | Held |
|---|---|---|---|
| Sufficiency of evidence for rape/sexual battery | A.M.’s testimony, if believed, proved forcible rape and impairment-by-alcohol rape and showed repeated sexual battery | Evidence was insufficient, including for out-of-county (Cleveland) incident and inconsistencies in testimony | Convictions supported; viewed in light most favorable to State, a rational trier of fact could find elements proven beyond a reasonable doubt |
| Manifest weight of the evidence | A.M.’s account credible; trial court entitled to weigh credibility and resolve conflicts | A.M.’s testimony conflicted with defense witnesses and exhibits; failure to note defendant’s scar undermines credibility | No manifest miscarriage of justice; trial court did not lose its way in crediting State’s witnesses |
| Admissibility of other-acts evidence (Evid.R. 404(B)) | R.A.’s testimony showed a common plan/modus operandi (targeting intoxicated teen girls), admissible to prove plan/intent | Admission improper because identity not at issue and evidence was prejudicial | Admission proper: trial court did not abuse discretion; testimony relevant to plan/scheme and probative value not substantially outweighed by prejudice |
| Ineffective assistance of counsel (failure to permit Shank to testify; failure to move venue) | N/A for State | Trial counsel prevented Shank from testifying and failed to move to change venue despite judge familiarity with witnesses | Claim fails: record does not show counsel prevented testimony nor that counsel performance was deficient; no record support for venue claim |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing sufficiency of the evidence)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (appellate sufficiency review: view evidence in light most favorable to prosecution)
- State v. Zeh, 31 Ohio St.3d 99 (1987) (defining "substantially impaired" in sexual-offense context)
- State v. Otten, 33 Ohio App.3d 339 (1986) (standard for manifest-weight review)
- State v. Williams, 134 Ohio St.3d 521 (2012) (framework for admissibility of other-acts evidence under Evid.R. 404(B))
- State v. Morris, 132 Ohio St.3d 337 (2012) (abuse-of-discretion standard for admission of other-acts evidence)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- State v. Headley, 6 Ohio St.3d 475 (1983) (venue must be proved beyond a reasonable doubt but may be shown by facts and circumstances)