State v. Ward
2014 Ohio 990
Ohio Ct. App.2014Background
- Ward was convicted in Clermont County Municipal Court after a jury found him guilty of three counts of furnishing beer or intoxicating liquor to underage persons and one count of sexual imposition.
- Four complaints were filed on December 10, 2012, arising from events at Ward's ex-wife's house on November 17–18, 2012.
- Ward admitted to the three underage-furnishing counts at trial; the appeal concerns only the sexual-imposition charge.
- Victim H.C. testified she and several classmates aged 15–17 were invited to stay at Ward's ex-wife's house; Ward, then 46, provided vodka to them.
- At around 4:00 a.m., H.C. testified Ward touched her inappropriately for about an hour, leading to the charges and H.C. reporting the incident to police.
- Before deliberations, the court admitted W.T.'s testimony about Ward's alleged prior sexual misconduct four years earlier, with limiting instructions; Ward was convicted on all counts and sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of other-acts evidence under Williams test | Ward argues W.T.'s testimony was irrelevant and improperly admitted | Ward contends the testimony showed impermissible character evidence | No abuse of discretion; admissible under Williams |
Key Cases Cited
- Williams v. State, 134 Ohio St.3d 521 (2012-Ohio-5695) (three-step test for admissibility of other acts evidence; relevant, proper purpose, not unduly prejudicial)
- State v. Jones, 2013-Ohio-150 (Ohio 2013) (applied Williams to admit prior acts to show motive, preparation, plan)
- State v. Henderson, 76 Ohio App.3d 290 (1991) (prior bad acts remote in time; evidence not sufficient for substantial proof under Henderson)
- State v. Vore, 2012-Ohio-2431 (Ohio 2012) (discusses admissibility of other acts; corroboration considerations)
