2011 Ohio 2796
Ohio Ct. App.2011Background
- Appellant Darren Woodson was convicted at a bench trial of kidnapping and domestic violence in Cuyahoga County Common Pleas Court (Case No. CR-540104).
- Greathouse testified that, after being granted a ride by Woodson despite a restraining order, Woodson overpowered her, choked her against a car, and pursued her into a house, where he again choked her.
- A second struggle occurred inside the car over Greathouse’s phone, after which Woodson chased her into the house with a baseball bat, and she called 911 from the home phone.
- Cleveland Frazier and Tiana Lewis witnessed various choking episodes and the scuffle; Frazier intervened and police arrived.
- Woodson was sentenced to 3 years on kidnapping and 1.5 years on domestic violence, to run consecutively, with a 5-year postrelease control period.
- On appeal, Woodson asserts insufficiency of the kidnapping evidence and improper sentencing under R.C. 2929.11 and 2929.12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the evidence supports kidnapping conviction | State argues restraints of Greathouse’s liberty were proven | Woodson contends no restraint of liberty was shown | The evidence was sufficient to prove kidnapping |
| whether sentencing complied with Kalish framework | State contends court correctly applied 2929.11/2929.12 | Woodson asserts sentencing was error/contrary to law | Sentence was not contrary to law and the court did not abuse discretion |
Key Cases Cited
- Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court, 1991) (standard for sufficiency of evidence)
- Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court, 1997) (reviewing sufficiency after light most favorable to the state)
- Kalish, 120 Ohio St.3d 23 (Ohio Supreme Court, 2008) (Kalish framework for reviewing felony sentences)
- Foster, 109 Ohio St.3d 1 (Ohio Supreme Court, 2006) (abrogated mandatory judicial fact-finding; sentencing still guided by statutory framework)