State v. Simpson
2019 Ohio 1493
Ohio Ct. App.2019Background
- Roger Simpson and two codefendants raped and sexually assaulted victim B.H. multiple times during an incident after a party; medical exam showed multiple genital and anal tears and presence of Simpson's DNA on several samples.
- Simpson was indicted on 23 counts including multiple rapes, sexual battery, kidnapping, and complicity counts; he pled not guilty and was convicted by a jury on all counts after a three-day trial.
- The trial court merged several convictions under Ohio’s allied-offenses statute and imposed an aggregate sentence of 51 years.
- Simpson appealed, arguing (1) the trial court erred by not merging additional allied offenses (including some rape counts and kidnapping) and (2) he received ineffective assistance of counsel.
- The trial court had requested sentencing memoranda on allied offenses; the state filed one and defense counsel agreed with the state’s analysis but did not file a separate memorandum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether multiple rape convictions should have merged under R.C. 2941.25 | State: Offenses were separate acts with distinct harms and may be sentenced separately | Simpson: Some rape convictions (and kidnapping) caused not separate harms and should merge | Court: Affirmed — three rapes were separate acts each causing identifiable harm, so no merger |
| Whether kidnapping conviction should merge with rape convictions | State: Kidnapping involved separate conduct (restraining, terrorizing) distinct from rape | Simpson: Kidnapping arose from same overall incident and should merge with rape counts | Court: Affirmed — kidnapping involved separate animus (degradation/terror), not allied to rapes |
| Whether trial counsel was ineffective for failing to cross-examine state experts | State: Counsel pursued theory of consensual sex; cross-examining DNA/nurse would not likely change outcome | Simpson: Failure to impeach experts prejudiced defense | Court: Affirmed — no deficient performance shown and no reasonable probability of different outcome |
| Whether counsel was ineffective for advising Simpson not to testify and for not filing a sentencing memorandum | State: Strategic decision to avoid impeachment and confession; filing a contrary memorandum would not have changed result | Simpson: He wanted to testify and counsel prevented him; counsel should have filed opposing sentencing memo | Court: Affirmed — strategic choice reasonable; Simpson only sought to testify post-verdict; no prejudice shown |
Key Cases Cited
- State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (sets standard for allied-offense analysis under R.C. 2941.25)
- State v. Williams, 134 Ohio St.3d 482 (Ohio 2012) (appellate review of allied-offense merger is de novo)
- State v. Philpot, 145 Ohio App.3d 231 (12th Dist. 2001) (discusses trial-court obligations when addressing allied-offense merger)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice test for ineffective assistance of counsel)