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State v. Starkey
2017 Ohio 7946
| Ohio Ct. App. | 2017
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Background

  • Victim K.C. alleged that on Aug. 7–8, 2013, Starkey assaulted, threatened with a knife, and raped her twice (once in Wooster, once in Geneva-on-the-Lake), and forced her to travel with him to avoid witnesses.
  • K.C. testified to choking, blows to the face, whipping with a carved bow, sexual assaults (anal and oral) at knifepoint, and threats to kill her; photos of injuries were admitted.
  • K.C. delayed reporting until Aug. 2015 after learning Starkey was jailed for murder; she and others testified to post‑assault personality changes and fear.
  • Starkey denied the assaults, offered alternate explanations (K.C. self‑harm; he did not accompany her to Geneva), and presented an alibi witness.
  • Grand jury indicted Starkey on nine counts (kidnapping, rape, felonious assault, intimidation, domestic violence); jury convicted on all counts; trial court imposed consecutive sentences totaling 35 years.
  • On appeal, Starkey challenged (1) sufficiency of evidence, (2) manifest weight of the evidence, and (3) the trial court’s findings supporting consecutive sentences under R.C. 2929.14(C)(4).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to support convictions (kidnapping, rape, felonious assault, intimidation) State: K.C.’s testimony and corroborating evidence (photos, Facebook message) prove elements beyond a reasonable doubt Starkey: K.C.’s delay in reporting, self‑harm history, and contradictory witness testimony undermine sufficiency Convictions supported; testimony, photos, and message suffice for a rational jury to find guilt beyond reasonable doubt
Manifest weight of the evidence State: jury credibility determinations supported by record; evidence consistent with K.C.’s account Starkey: evidence weighs against verdict due to delay in reporting, alternate explanations, and alibi witness Not against manifest weight; jury did not lose its way — evidence does not overwhelmingly contradict verdict
Sentencing — whether trial court made required R.C. 2929.14(C)(4) findings for consecutive terms State: trial court made findings at sentencing hearing and in judgment entry (necessary to protect public, not disproportionate, and statutory subsections) Starkey: trial court failed to include required consecutive‑sentence findings in the judgment entry Judgment entry contained the requisite findings (including (b) and (c)); consecutive sentences upheld

Key Cases Cited

  • State v. Jones, 91 Ohio St.3d 335 (discussing sufficiency/review standards)
  • State v. Eley, 56 Ohio St.2d 169 (standard for substantial evidence)
  • State v. Jenks, 61 Ohio St.3d 259 (approved sufficiency review framework)
  • State v. Thompkins, 78 Ohio St.3d 380 (manifest‑weight standard)
  • State v. DeHass, 10 Ohio St.2d 230 (credibility and jury determinations)
  • State v. Bonnell, 140 Ohio St.3d 209 (requirements for consecutive‑sentence findings)
Read the full case

Case Details

Case Name: State v. Starkey
Court Name: Ohio Court of Appeals
Date Published: Sep 29, 2017
Citation: 2017 Ohio 7946
Docket Number: 2016-A-0051
Court Abbreviation: Ohio Ct. App.