State v. Taylor
2011 Ohio 5009
Ohio Ct. App.2011Background
- Taylor appeals after a Summit County Court of Common Pleas conviction for two counts of aggravated burglary, one count of aggravated robbery (dismissed), one count of theft from the elderly (merged for sentencing), and one count of possession of cocaine
- Graves and Powell pled to related charges and testified for the state at Taylor’s trial
- Garrett, age 71, reported two burglaries in which cash and Social Security/SSI proceeds were stolen, triggering police investigation
- A gun/weapon was present during the burglaries as testified by Garrett and Graves, though the jury found no firearm specifications
- Graves drove Powell and Graves to the crime scenes; Graves testified Taylor planned and aided the burglaries; Taylor allegedly supplied a phone for instructions
- Police found 4.38 grams of crack cocaine in the backseat of Graves’ car after it was impounded; Randles testified about cocaine transactions involving Taylor
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deadly weapon element | Taylor argues no evidence of a deadly weapon supports (A)(2) | Taylor contends the firearm specification finding negates deadly weapon proof | Sufficient evidence supported (A)(2); firearm spec. not controlling |
| Manifest weight of the evidence for burglary and cocaine possession | Taylor claims convictions against weight of the evidence | State argues credibility and inconsistencies were for the jury to resolve | Convictions not against manifest weight; credible evidence supported guilt |
Key Cases Cited
- State v. Jenks, 169 Ohio St.3d 1 (1995) (sufficiency standard; rational finder could convict beyond a reasonable doubt)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (de novo standard for sufficiency; evidence viewed in light most favorable to the state)
- State v. Otten, 33 Ohio App.3d 339 (1986) (manifest weight review requires weighing all evidence and credibility of witnesses)
- State v. Cross, 2011-Ohio-3250 (9th Dist.) (credibility and weighing testimony within manifest weight analysis)
- State v. Morgan, 2006-Ohio-3921 (9th Dist.) (jury credibility determinations favored if supported by evidence)