State v. Williams
2012 Ohio 1043
Ohio Ct. App.2012Background
- Convictions for aggravated burglary, aggravated robbery, kidnapping, and HWUD with firearm specs, NPCs, and RVOs.
- Home invasion occurred Oct 29, 2010; Williams among the intruders in Clarence Wilson’s residence.
- Only one aggravated burglary count (Count 2) is challenged as plain error.
- Convictions on Counts 1, 3, 4, 5, 6, and 7 upheld; Count 2 vacated on remand.
- Trial court merged certain counts and imposed consecutive sentences totaling 13 years.
- Court remanded to correct journal entry reflecting Count 2 vacatur; overall sentence unchanged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence supporting convictions | State argues weight not clearly wrong | Williams claims manifest weight supports acquittal | Count 2 vacated; others affirmed; remand for journal entry |
| Alibi evidence admission | State contends no abuse of discretion | Williams contends alibi was improperly denied | No abuse of discretion in denying untimely alibi notice |
| Redirect reading of written statement | State allows reading to contextualize cross-examined statements | Moore prohibits such readings | No abuse of discretion; permissible under Evid.R. 801, 106 |
Key Cases Cited
- State v. Leonard, 104 Ohio St.3d 54 (Ohio 2004) (weight of the evidence standard; credibility is a factual matter for the trier of fact)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility and weight are for the fact-finder)
- State v. Smith, 2011-Ohio-3581 (Ohio 2011) (manifest weight considerations; corroboration matters)
- State v. Moore, 2011-Ohio-449 (Ohio 2011) (propriety of reading witness statements during redirect)