State v. Turner
2017 Ohio 5560
Ohio Ct. App.2017Background
- Marcus Turner was indicted for aggravated murder, felony murder, felonious assault, and weapons-under-disability after a 2013 shooting that killed a 21-year-old man; initial trial acquitted him of aggravated murder and resulted in a hung jury on felony-murder and felonious-assault counts, leading to retrial on those counts.
- At retrial, two eyewitness accounts: C.S. (who initially identified Turner to 911 and police but recanted at trial claiming memory loss) and a second witness who saw a man in a dark hooded sweatshirt standing over the victim with a gun.
- Surveillance from a nearby hotel showed Turner leaving earlier that day wearing a dark hooded sweatshirt and returning later without it; police arrested Turner at the hotel the next day but did not recover a gun or sweatshirt.
- Defense presented testimony that Turner was handling a burglary at his apartment earlier that day, took a vacation day, picked up his paycheck, and was packing to move out; manager and neighbor testimony suggested no suspicious conduct that evening.
- The jury convicted Turner of felony murder, felonious assault (merged), and firearm specifications; the trial court sentenced him to 18 years. Turner appealed, arguing insufficient evidence and that the verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support felony murder and felonious assault convictions | State: evidence (identifications, eyewitness, surveillance) sufficed to allow a reasonable jury to find guilt beyond a reasonable doubt | Turner: key ID evidence was unsworn statements (911/police) and eyewitness recanted at trial; conflicting descriptions of shooter’s clothing undermine proof | Affirmed — viewing evidence in prosecution’s favor, a rational trier of fact could find elements proven beyond a reasonable doubt |
| Manifest weight of the evidence | State: jury entitled to credit pretrial statements, surveillance, and other corroboration; credibility determinations for jury | Turner: verdict against manifest weight because trial testimony recanted and evidence conflicted on shooter clothing | Affirmed — appellate court declined to reverse; jury did not lose its way; not an exceptional case requiring reversal |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards distinguishing sufficiency and manifest-weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review: evidence viewed in light most favorable to the prosecution)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist.1986) (manifest-weight standard and when reversal is warranted)
- State v. Walker, 55 Ohio St.2d 208 (1978) (jury resolves conflicts in evidence; credibility determinations are for the trier of fact)