State v. White
2017 Ohio 1243
Ohio Ct. App.2017Background
- Victim S.H., age 17 in 2015, met appellant Johnny C. White (then 27) and had prior consensual sexual contact with him; White had misrepresented his age and personal history.
- After learning the truth about White's age from his ex-girlfriend, S.H. attempted to avoid him.
- On August 6, 2015, White came to S.H.’s home; she refused his sexual advances, but he allegedly restrained her, removed her clothing, and engaged in vaginal intercourse.
- S.H. reported the incident the following morning, underwent a rape exam, and physical injuries were observed; DNA from a vaginal swab matched White.
- White initially denied sexual contact, then admitted to consensual intercourse after DNA results.
- A jury convicted White of rape under R.C. 2907.02(A)(2); he was acquitted of aggravated burglary. The trial court sentenced him to ten years and designated him a Tier III sex offender. White appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was supported by sufficient evidence / against manifest weight | Evidence (victim testimony, physical marks, DNA) proved rape by force beyond reasonable doubt | Victim’s credibility challenged; argued evidence insufficient and verdict against manifest weight | Court: Evidence sufficient; conviction not against manifest weight; assignment overruled |
| Whether Tier III sex-offender designation was against manifest weight | Statute requires Tier III designation for conviction of a sexually oriented offense | Argued designation was against manifest weight of evidence | Court: Tier III classification is mandatory by law based on offense; no discretion; assignment overruled |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight for trier of fact)
- State v. Martin, 20 Ohio App.3d 172 (1983) (discussion of manifest miscarriage of justice standard)
- Miller v. Cordray, 184 Ohio App.3d 754 (2009) (Tier designation is mandatory based on offense)