State v. West, 2012 Ohio 3151

West was charged in Aug 2006 with multiple counts of rape, kidnapping, felonious assault, and gross sexual imposition involving his minor cousin, K.R.; offenses alleged from 1998 to 2004.
Trial history: first jury trial in 2007 resulted in guilty verdicts on most counts; felonious assault acquitted; convictions reversed and remanded by this court.
Second trial ended in a hung jury; third trial followed with amended indictment dates to conform to prior testimony; defense objected but amendment allowed.
Third trial yielded guilty verdicts on five counts of rape, five counts of kidnapping, and one count of gross sexual imposition; sentenced to life for rape counts, sentences run consecutively, others merged to allied offenses and defendant classified as Tier III sex offender.
West challenges (1) amendment of indictment dates, (2) admission of expert testimony about delayed disclosure, (3) sufficiency and weight of the evidence, (4) juvenile court jurisdiction, (5) verdict forms detailing locations, (6) consecutive life sentences, and (7) jury-deliberation conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May the indictment be amended to conform to prior testimony?	West argues amendments changed the charge and required grand jury proof.	West contends amendments alter identity of offenses and were improper.	Amendment proper; did not change crime identity; within discretion.
Admission of McAliley’s testimony on delayed disclosure bolstering credibility	McAliley’s testimony supports veracity of victim’s claims.	Testimony improperly bolsters credibility of child-victim.	Testimony permitted to aid jury; not improper bolstering.
Sufficiency and weight of the evidence to convict	K.R.’s testimony establishes multiple rape and kidnapping elements.	Evidence is insufficient and improperly bolstered by amendments.	Evidence sufficient; not against weight; jury credibility determinations improper to overturn.
Juvenile court jurisdiction given acts alleged before 18 but prosecuted after	Venue/juvenile to adult transfer is proper when apprehended after 21.	Should have been bound over from juvenile court for juvenile-era offenses.	Juvenile court lacked jurisdiction; criminal court proper.
Effect of verdict forms referencing locations	Locations aid notice and prevent double jeopardy; allowed to distinguish acts.	Locations in verdict forms amount to new allegations and lack notice.	No prejudice; verdict forms properly framed and enhanced notice against double jeopardy.

State v. Sellards, 17 Ohio St.3d 169 (1985) (indictment sufficiency; elements; notice; double jeopardy)
Hamling v. United States, 418 U.S. 87 (1974) (timing and elements; indictment sufficiency; notice)
State v. Coles, 2008-Ohio-5129 (Ohio) (indictments in child sexual abuse cases need not state exact dates)
State v. Yaacov, 2006-Ohio-5321 (Ohio) (relief for child witnesses; recalling testimony)
State v. O’Brien, 30 Ohio St.3d 122 (1987) (Crim.R. 7(D) amendment authority; no change in identity of offense)
State v. Foster, 109 Ohio St.3d 1 (2006) (consecutive-sentence framework prior to HB86)