State v. Wilson
2017 Ohio 2980
| Ohio Ct. App. | 2017Background
- In the early morning of April 14, 2015, Willie Wilson and codefendant James Alexander are alleged to have entered an apartment; Miyazhane Vance was shot nine times and killed; her brother Brandon Fisher suffered multiple life‑threatening gunshot wounds; two children were present and later charged as attempted murder victims via transferred intent.
- Fisher identified Wilson (and later both Wilson and Alexander) as shooters; Fisher had prior social relationship with both men but had a falling out with them before the shooting.
- Physical evidence: eight 9mm shell casings at the scene; Wilson’s DNA on a rear exit doorknob (timing uncertain); Alexander’s phone records placed his phone near the scene at 2:43 a.m.
- While jailed, Wilson instructed a third party to send Fisher Facebook messages calling Fisher a “snitch” and calling himself a “gangsta.”
- A joint jury trial convicted Wilson of aggravated murder, attempted murder counts (three victims), aggravated burglary, having weapons while under disability, and related firearm specifications; trial court imposed consecutive sentences totaling 56 years to life.
- On appeal Wilson raised (inter alia) claims on severance/Bruton, admissibility of cell‑site expert testimony, other‑acts evidence, bolstering, sufficiency and manifest weight, speedy‑trial waiver, and consecutive‑sentence findings.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilson) | Held |
|---|---|---|---|
| Severance / Bruton | Codefendant Alexander’s out‑of‑court statement did not implicate Wilson and was admissible; joinder appropriate. | Alexander’s statement (“I didn’t do the shooting. I only watched it…”) incriminated Wilson and required severance. | Court: No Bruton violation; statement did not facially or significantly incriminate Wilson; joinder proper. |
| Cell‑site expert admissibility (Daubert) | Special Agent Kunkle was qualified and his methodology sufficiently reliable; testimony relevant. | Cellular‑location analysis is unreliable absent drive tests; expert report/Crim.R.16(K) defects and potential prejudice. | Court: Overruled; cellular analysis reliability goes to weight, not admissibility; Kunkle admissible and report sufficient. |
| Admission of other acts / irrelevant evidence; bolstering | Evidence (photos, phone call, gang testimony, van theft) was relevant to identity, motive, context; recorded jail call admissible; gang overview harmless if irrelevant. | Photographs and gang testimony were irrelevant/other‑acts evidence; detective improperly vouched for Fisher’s credibility. | Court: Most evidence admissible or harmless; detective’s credibility remark was harmless error. |
| Sufficiency / Manifest weight; transferred intent for children | State: Fisher’s direct testimony, physical evidence, phone data, and Facebook messages support identity, prior calculation and design, attempted murder (transferred intent) of children. | Wilson: Insufficient proof of identity, prior calculation and design, kidnapping restraint, and attempted murder of children; Fisher not credible. | Court: Sufficiency upheld; evidence supported prior calculation and design and transferred intent for children; manifest‑weight claim rejected. |
| Speedy‑trial waiver | State: Waiver was valid; defendant knew of the codefendant statement when he waived. | Waiver was induced by counsel’s faulty advice based on state misrepresentation that no Bruton statement existed. | Court: Waiver valid; Wilson knew of Alexander’s statement before waiving; no basis to revoke. |
| Consecutive sentences / R.C. 2929.14(C)(4) findings | State: Consecutive sentences necessary given seriousness, danger, and great/unusual harm. | Trial court failed to make and journalize the statutory findings properly. | Court: Findings made at hearing and sufficient for proportionality, but journal entry failed to incorporate findings as required by Bonnell; remand for nunc pro tunc entry. |
| Court costs and indigency | State: Court may impose costs; defendant did not file affidavit of indigency. | Wilson: Indigent yet ordered to discharge costs via community service. | Court: No error; failure to file affidavit and court’s discretion support imposition of costs. |
Key Cases Cited
- Bruton v. United States, 391 U.S. 123 (U.S. 1968) (admission of a non‑testifying codefendant’s confession that facially incriminates defendant violates Confrontation Clause)
- Richardson v. Marsh, 481 U.S. 200 (U.S. 1987) (redacted confessions that omit any reference to defendant may be admissible with limiting instruction)
- State v. Moritz, 63 Ohio St.2d 150 (Ohio 1980) (Ohio adoption of Bruton rule under state constitution)
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (trial court must make and journalize required consecutive‑sentence findings; clerical omissions may be corrected by nunc pro tunc entry)
- State v. Dean, 146 Ohio St.3d 106 (Ohio 2015) (transferred intent doctrine extends intent for an intended homicide victim to support attempted murder charges of identifiable, unintended victims placed at risk)