State v. Simpson
2011 Ohio 2771
Ohio Ct. App.2011Background
- In the early hours of February 1, 2010, Patrick Sullivan was severely assaulted in his basement bedroom at 1556 Tonawanda Ave, by Simpson, Frano, Moran, and Hackney.
- Sullivan suffered multiple severe injuries, including skull fractures, a broken nose, and internal damage requiring a colostomy, with hospitalization and transfer to a nursing home.
- Frano testified he pled guilty to felonious assault and testified against Simpson; Moran was not charged but admitted involvement inconsistently.
- Simpson was indicted for rape, felonious assault, and tampering with evidence; at trial, he denied participation in the basement assault.
- The jury found Simpson guilty of felonious assault and tampering with evidence, but not guilty of rape; he was sentenced to four years for felonious assault and one year for tampering, to run concurrently.
- On appeal, Simpson argued the trial court failed to give a required cautionary accomplice instruction under R.C. 2923.03(D); the court of appeals reversed on that ground and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by omitting the R.C. 2923.03(D) accomplice cautionary instruction | Simpson contends the omission prejudiced the defense by diluting accomplice credibility. | State argues the error was not plain and the accomplice's testimony was corroborated enough to sustain the verdict. | Yes; plain error found and the judgment reversed. |
Key Cases Cited
- State v. Davis, 2005-Ohio-4083 (9th Dist. 2005) (plain-error framework for accomplice instruction)
