State v. Taylor, 2014 Ohio 3134

Michael P. Taylor (appellant) was indicted on multiple counts arising from sexual assaults of his cousins, including rape, kidnapping with sexual motivation, gross sexual imposition, and intimidation; jury acquitted on some counts and convicted on others.
Victim E.W. (then a minor) testified to two incidents: (1) ~two weeks before Oct. 10, 2012 — unwanted sexual touching, exposure, and digital penetration in Shaker Heights; (2) Oct. 10, 2012 — forcible sexual assault in her home (digital and penile penetration).
E.W.’s sister E.W.1 testified to earlier separate rapes by Taylor (2007–2008).
Defense denied the allegations and presented testimony claiming brief visits and intoxication; the jury convicted Taylor of two kidnapping counts (with sexual motivation and sexually violent predator specifications), gross sexual imposition, and intimidation; state elected two kidnapping counts and intimidation for sentencing.
Trial court imposed consecutive terms (including long term-to-life on one count) and included court costs in the journal entry; appellate court affirmed convictions but reversed as to the costs entry and remanded for opportunity to request waiver; remanded only for costs correction and waiver consideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency / manifest weight of evidence (rape, kidnapping, GSI)	State: victim testimony and corroborating family testimony suffice to prove elements beyond reasonable doubt.	Taylor: testimony inconsistent; lack of physical injury/DNA undermines proof.	Affirmed — evidence, viewed favorably to prosecution, was sufficient; convictions not against manifest weight.
Victim Impact representative standing beside witness	State: allowed to comfort minor witness under Evid.R. 611; did not vouch for credibility.	Taylor: presence could improperly elicit juror sympathy and impair confrontation rights.	Affirmed — court acted within discretion; no prejudice shown.
Motion for mistrial & curative instruction (questions about victim’s virginity)	State: not seeking mistrial; error cured by instruction.	Taylor: jury impression that defense erred; curative instruction inadequate.	Affirmed — trial court’s curative instruction was sufficient; no abuse of discretion.
Consecutive sentences, SVP specification, and court costs	State: sentencing findings satisfied R.C. requirements; SVP spec permissible under revised statute; costs pronounced at sentencing.	Taylor: consecutive sentences improper/cruel; SBP spec invalid without prior sex conviction; court costs improperly imposed in journal only.	Mixed: consecutive sentences and SVP instruction affirmed; costs vacated in journal entry and remanded to permit motion for waiver (Joseph ground).

State v. Thompkins, 78 Ohio St.3d 380 (clarifies sufficiency vs. manifest weight standards)
State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review)
State v. Wilson, 113 Ohio St.3d 382 (discusses manifest-weight review)
State v. Smith, 104 Ohio St.3d 106 (addresses sexually violent predator specification issue)
State v. Joseph, 125 Ohio St.3d 76 (trial court must pronounce costs in open court or defendant loses opportunity to seek waiver)
State v. Webb, 70 Ohio St.3d 325 (harmless-error standard for nonconstitutional trial errors)