State v. Tate
2013 Ohio 5150
Ohio Ct. App.2013Background
- On Sept. 7, 2012, witnesses observed a pickup truck strike and drag Louis Mason Jr. in an alley/field in Mansfield, Ohio; the truck made two "doughnuts" over the victim and left the scene. Mason identified Lloyd Tate as the driver at the scene and at the hospital.
- Mason suffered severe injuries (rib fractures, punctured lung, leg/ankle detachment, second-degree burns) and was treated as a Level One trauma patient.
- Police traced the vehicle plate to Tate, located the truck at his home, and Tate initially told officers, "I didn't run anyone over," while smelling of alcohol and admitting he had been at a bar with Mason.
- Tate was indicted on one count of Attempted Murder (first-degree felony) with a Repeat Violent Offender specification and two counts of Felonious Assault (second-degree); vehicle forfeiture specification was also filed.
- Following a jury trial, Tate was convicted on all counts; the court found the felonious assault counts allied to attempted murder, adjudicated Tate a repeat violent offender based on a 1989 robbery conviction, ordered forfeiture of the truck, and imposed 11 years on attempted murder plus 2 years on the RVOS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence for attempted murder | State: eyewitness testimony, victim ID, and injuries show Tate purposely engaged in conduct that could have caused death | Tate: evidence insufficient and conviction against manifest weight; challenged credibility/inferences | Affirmed — evidence (eyewitnesses, victim ID, injuries, circumstances) sufficient; jury credibility determinations upheld |
| Repeat Violent Offender specification imposition | State: Tate had prior robbery conviction that qualifies; statutory criteria for RVOS and additional term satisfied | Tate: trial court failed to make required factual finding about prior offense (e.g., that prior robbery caused or threatened serious physical harm) | Affirmed — prior second-degree robbery qualifies; statutory prerequisites (including sentencing to maximum and findings under R.C. 2929.14(B)(2)(a)) were met |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards for manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172 (1983) (appellate court as thirteenth juror on weight issues)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency-of-evidence standard)
- United States v. Barnard, 490 F.2d 907 (9th Cir. 1973) (jury as lie detector; credibility determinations belong to jury)
- United States v. Scheffer, 523 U.S. 303 (1998) (deference to jury on witness credibility)
- State v. Jamison, 49 Ohio St.3d 182 (1990) (weight to be given evidence and credibility are for trier of fact)
- Aetna Life Ins. Co. v. Ward, 140 U.S. 76 (1891) (historical support for jury credibility role)
- State v. Antill, 176 Ohio St. 61 (1964) (jury may accept portions of testimony and reject others)