State v. Young
106 N.E.3d 111
Ohio Ct. App.2018Background
- On Dec. 2, 2015, two-year-old K.K. became unresponsive at appellant Bradley Young's residence; EMS restarted her heart but she later died at Cincinnati Children’s Hospital from acute brain swelling and hemorrhages.
- Medical testimony (CT, ophthalmology, pediatrics, coroner) concluded K.K. suffered nonaccidental abusive head trauma causing fatal subdural/subarachnoid hemorrhages and herniation occurring near the time she became unresponsive.
- At the scene Young and the child’s mother (Rebekah) gave varying accounts; Young admitted several prior “accident” explanations and exchanged text messages with Rebekah about aligning their stories. Photographs showed cuts/bruises to Young’s hands.
- Rebekah testified at trial implicating Young but was later found incompetent to testify; the court struck her testimony and instructed the jury to disregard it.
- Young was convicted by a jury of murder (felony murder based on child endangering) and related counts; he appeals on juror qualification, witness competency/hearsay, and sufficiency/manifest-weight grounds.
- The Twelfth District affirmed, rejecting Young’s challenges to the empaneling of a juror with a prior felony, the handling of Rebekah’s testimony and prior statements, and the sufficiency/weight arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether the trial court erred in denying challenge for cause to Juror 883 (prior felony) | State: Juror eligible; no prejudice because defendant did not exhaust peremptories | Young: Juror ineligible due to uncured felony conviction, requiring removal for cause | Court: No prejudicial error—Young did not exhaust peremptory challenges and left two unused, so any error was not prejudicial |
| 2. Admissibility / due process re: Rebekah’s live testimony (competency) | State: Testimony was allowed then stricken when competency concerns arose; curative instruction sufficed | Young: Prosecutor should not have called her knowing she’d be incompetent; striking was too late and violated due process | Court: No due process violation; court properly found incompetency, struck testimony, and gave a curative instruction presumed effective |
| 3. Whether statements Rebekah made to first responders should have been stricken | State: Prior statements admissible (not objected to below); other evidence supports admission | Young: Statements infected jury and should be excluded after Rebekah later deemed incompetent | Court: No plain error—statements likely competent when made and independent circumstantial evidence corroborated defendant’s presence and culpability |
| 4. Sufficiency and manifest weight of evidence for felony-murder/child endangering predicate | State: Medical and circumstantial evidence show abusive act proximate to death and point to Young (texts, admissions to responders, injuries to his hands) | Young: State failed to prove he committed the abuse in the relevant timeframe | Court: Evidence (medical causation, inconsistent statements, texts aligning stories, photos of hand injuries) was sufficient and weight did not favor reversal; conviction affirmed |
Key Cases Cited
- State v. Hale, 119 Ohio St.3d 118 (Ohio 2008) (error in denying challenge for cause is prejudicial only if defendant exhausts peremptories)
- State v. Cornwell, 86 Ohio St.3d 560 (Ohio 1999) (same principle on peremptory exhaustion and cause challenges)
- State v. Clark, 71 Ohio St.3d 466 (Ohio 1994) (Evid.R. 601(A) presumption of competency for witnesses ten years and older)
- Smith v. Phillips, 455 U.S. 209 (U.S. 1982) (due process inquiry focuses on trial fairness, not prosecutor culpability)
- United States v. Hastings, 461 U.S. 499 (U.S. 1983) (Constitution does not guarantee an error-free trial)