State v. Truitt
2011 Ohio 6599
Ohio Ct. App.2011Background
- Aug. 14, 2008, altercation between Truitt and girlfriend Hooks; charges filed July 17, 2009 including rape, aggravated burglary, attempted rape, abduction, and assault; rape later dismissed.
- Jury trial began June 29, 2010; State dismissed rape count; jury found Truitt guilty of aggravated burglary, abduction, and assault; attempted rape verdict could not be reached and was dismissed.
- July 12, 2010, Truitt sentenced to eight years for aggravated burglary, five years for abduction, and six months for assault, all to be served concurrently.
- Truitt timely appealed raising five assignments of error; the Ninth District rearranged assignments for review.
- Court affirms in part, reverses in part, and remands for proceedings on allied offenses issue under Johnson; other assignments are overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Manifest weight for certain convictions | Truitt (State) | Truitt argues weight favors acquittal | Convictions not against weight; affirmed for those counts |
| Admission of hearsay evidence | Admission allowed under medical-treatment exception | Hearsay error occurred | Harmless error; affirmed on hearsay issue |
| DNA evidence admissibility | Chain of custody and DNA testimony adequate | Chain of custody gaps; low probative value | Not an abuse of discretion; DNA evidence properly admitted |
| Admission of prior bad acts evidence | Evidence relevant to motive/plan | Prior acts prejudicial | Not an abuse of discretion; admissible with cautionary instructions |
| Allied offenses and sentencing merge under Johnson | Convictions may be allied offenses | Johnson should apply; remand appropriate | Remanded for Johnson-based merger determination; other errors affirmed |
Key Cases Cited
- Otten v. State, 33 Ohio App.3d 339 (Ohio App.3d 1986) (evaluation of witness credibility and weight of conflicting evidence; standard for manifest weight)
- Shue v. State, 97 Ohio App.3d 459 (Ohio App.3d 1994) (credibility and weight of witness testimony are for the factfinder)
- Ostendorf-Morris Co. v. Slyman, 6 Ohio App.3d 46 (Ohio App.3d 1982) (credibility determinations belong to the trier of fact)
- Crull v. Maple Park Bldg. Servs., 36 Ohio App.3d 153 (Ohio App.3d 1987) (limitations on appellate review of witness credibility)
- State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314 (2010) (tests for allied offenses under merger rule; conduct-based analysis)
- State v. Craig, 110 Ohio St.3d 306, 2006-Ohio-4571 (Supreme Court of Ohio 2006) (instructional guidance on admissibility and cautionary instructions)
- State v. Tate, 2005-Ohio-2156 (Ohio appellate court 2005) (discusses harmless error and evidentiary weighing)
- State v. Warren, 2011-Ohio-4886 (Ohio 11th Dist. 2011) (DNA evidence interpretation and probative value)
- State v. Lanier, 2010-Ohio-6382 (Ohio 7th Dist. 2010) (Y-STR testing limitations; use for exclusion rather than identification)