State v. Taylor
2019 Ohio 3437
Ohio Ct. App.2019Background
- On Nov. 28, 2017 Watkins agreed to sell a pound of marijuana to Mosley for $3,000 in a church parking lot; Mosley arrived with appellant Brandon Taylor, who carried a Smith & Wesson 9mm.
- Watkins gave Mosley the marijuana and the three conversed; later Taylor approached, pointed the gun at Watkins, ordered him out, and a struggle over the weapon ensued.
- The gun discharged during the struggle, wounding both Taylor and Watkins; Mosley and Taylor fled with the marijuana.
- Investigation recovered a shell casing at the scene and later the pawned 9mm; ballistics matched the casing to Taylor’s gun.
- Taylor was indicted for aggravated robbery (with firearm spec), two counts of felonious assault (with firearm specs), tampering with evidence, and discharging a firearm near prohibited premises; a jury convicted him and he was sentenced to 14 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Ineffective assistance for not peremptorily removing juror M. | Trial counsel’s voir dire tactics were adequate; state argued no reversible error. | Taylor: counsel deficient for not using a peremptory on juror M., who worked for criminal justice agencies. | No ineffective assistance; record insufficient to show juror bias and peremptory choices are strategic. |
| 2. Trial court barred cross‑examination of witness Watkins about juvenile adjudication under Evid.R. 609 | State: juvenile adjudication inadmissible; no timely notice and Evid.R. 609(D) bars juvenile adjudications. | Taylor: exclusion prejudicial; advance notice requirement was satisfied by earlier discovery/motion in limine. | Exclusion affirmed: juvenile adjudications generally inadmissible for impeachment under Evid.R. 609(D) and R.C. 2151.357(H); trial court did not abuse discretion. |
| 3. Sufficiency of evidence for aggravated robbery, felonious assault, tampering | State: testimony, ballistics, and recovery of pawned gun support convictions. | Taylor: insufficient evidence—no recovered marijuana/money; shooting may have been accidental; pawned gun was for money, not to impair evidence. | Held: Evidence sufficient. Jury could credit Watkins and infer Taylor knowingly caused harm and pawned gun to impair evidence. |
| 4. Manifest weight challenge to convictions | State: credibility determinations for witnesses were for the jury. | Taylor: verdict against manifest weight because alternate version of events existed and key evidence (marijuana) not recovered. | Held: Not against manifest weight; jury reasonably credited state’s account and convictions stand. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant’s duty to provide transcript)
- State v. Mundt, 115 Ohio St.3d 22 (Ohio 2007) (discussion of juror bias and peremptory challenges)
- State v. Brown, 100 Ohio St.3d 51 (Ohio 2003) (trial court discretion under Evid.R. 609)
- State v. Conway, 108 Ohio St.3d 214 (Ohio 2006) (presumed intent to cause natural consequences of voluntary acts)
- State v. Straley, 139 Ohio St.3d 339 (Ohio 2014) (elements and intent for tampering with evidence)