State v. Taylor
2017 Ohio 7140
| Ohio Ct. App. | 2017Background
- On July 7, 2014, Deborah Hovestatd was found dead with a .44 Magnum at her hand; scene anomalies (gun placement, lack of contact wound/residue, comforter placement) led investigators to suspect staging rather than suicide.
- Darryl J. Taylor ("Taylor") was indicted for murder (Dec. 17, 2014) and later for tampering with evidence (July 15, 2016); the tampering count alleged he altered the scene to look like a suicide.
- Taylor was also charged (and pleaded no contest at different times) with Having Weapons While Under Disability and Receiving Stolen Property (Case No. 2014-CR-468); those counts were ultimately joined for sentencing.
- The murder and tampering indictments were joined for trial; a jury convicted Taylor of murder and tampering with evidence, and the court imposed consecutive prison terms.
- Taylor appealed raising three errors: (1) dismissal of the tampering indictment as violating speedy-trial rules, (2) admission of other-acts/character evidence portraying him as violent, and (3) admission of a lay witness opinion that "women do not shoot themselves."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tampering indictment violated speedy-trial statutes | State: Tampering was charged after new expert conclusion (scene tampering) and trial timing complied with tolling/continuances | Taylor: State knew facts giving rise to tampering at murder indictment; delay violated R.C. 2945.71 | Court held trial was timely: defense continuances and granted continuances tolled time; within 270-day statutory period |
| Admissibility of other-acts evidence (Brandi Andrews: Taylor struck victim earlier) | State: Evidence admissible to prove identity/absence of accident and rebut suicide theory | Taylor: Evidence was impermissible propensity evidence and irrelevant to identity | Court found admission was an abuse of discretion but harmless error: testimony brief, not outcome-determinative; conviction stands |
| Admissibility of lay-opinion that "women don't shoot themselves" (paramedic Comer) | State: Lay opinion based on 18 years' paramedic experience and perceptions was permissible under Evid.R. 701 | Taylor: Opinion invaded jury role / was improper lay testimony | Court held the testimony was proper lay opinion rationally based on perception and experience; admission not reversible error |
Key Cases Cited
- Reed v. Ross, 468 U.S. 1 (discusses presumption of innocence and speedy-trial concerns)
- Barker v. Wingo, 407 U.S. 514 (speedy-trial balancing framework)
- State v. MacDonald, 48 Ohio St.2d 66 (Ohio constitutional speedy-trial language)
- State v. Williams, 134 Ohio St.3d 521 (2012) (three-part test for admissibility of other-acts evidence)
- State v. Kirkland, 140 Ohio St.3d 73 (2014) (trial court discretion on other-acts evidence)
- State v. Morris, 141 Ohio St.3d 399 (2014) (harmless-error analysis when other-acts evidence erroneously admitted)
- State v. Harris, 142 Ohio St.3d 211 (2015) (harmless-error and substantial-rights principles)