STATE OF OHIO, Appellee v. JAMES EDWARD LANE, Appellant
C.A. No. 28438
IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT
October 4, 2017
[Cite as State v. Lane, 2017-Ohio-8050.]
APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nо. CR 2016 02 0363
HENSAL, Presiding Judge.
{¶1} James Lane appeals his conviction for rape in the Summit County Court of Common Pleas. For the following reasons, this Court affirms.
I.
{¶2} B.M.A., who was 12, told police that she had sex with Mr. Lane, who was 18. The Grand Jury subsequently indicted Mr. Lane for one count of rape under
II.
ASSIGNMENT OF ERROR I
THE TRIAL COURT COMMITTED PREJUDICIAL AND REVERSIBLE ERROR IN ALLOWING OTHER ACTS EVIDENCE AT TRIAL OF
{¶3} Mr. Lane argues that the trial сourt incorrectly allowed the State to admit “other acts” evidence, specifically, the conduct he engaged in with an 11-year-old girl while he was a juvenile. According to Mr. Lanе, the trial court should not have allowed the detective to testify about those events because his identity, motive, intent, opportunity, plan, or scheme were not at issue in this casе, only whether he engaged in sexual conduct with a person under 13 years of age. “[D]ecisions regarding the admissibility of other-acts evidence under Evid.R. 404(B) are evidentiary determinations that rеst within the sound discretion of the trial court.” State v. Morris, 132 Ohio St.3d 337, 2012-Ohio-2407, syllabus. “Appeals of such decisions are considered by an appellate court under an abuse-of-discretion standard of review.” Id.
{¶4} In support of his argument, Mr. Lane cites State v. Morris, 9th Dist. Medina No. 09CA0022-M, 2012-Ohio-6151, and State v. Powell, 8th Dist. Cuyahoga No. 99386, 2014-Ohio-2048. With respect to Morris, he notes that this Court determined in Morris that three separate instances of “other acts” evidence were inadmissible. He specifically directs us to language in Morris that “[e]vidence of a defendant‘s scheme, plan, or system in doing an act can be relevant for two reasons: (1) the other acts are part of one criminal transaction such that they are inextricably related to the charged сrime, and (2) a common scheme or plan tends to prove the identity of the perpetrator.” Morris at ¶ 18, quoting State v. Schaim, 65 Ohio St.3d 51, 63 (1992), fn. 11. According to Mr. Lane, the other acts evidence in this case did not serve eithеr of those purposes so its admission was reversible error. Regarding Powell, he contends that it stands for the proposition that juvenile adjudications may not be used to impeach a witness.
{¶5} Mr. Lane takes the language from paragraph 18 of Morris out of context. The sentence begins: “According to the Ohio Supreme Court, as proof of identity, evidence * * *.”
{¶6} The Eighth District‘s decision in Powell is also not applicable to this case. In Powell, the court noted that
{¶7} In Williams, the Ohio Supreme Court held that
The first step is to consider whether the other acts evidence is relevant to making any fact that is of consequence to the determination of the aсtion more or less probable than it would be without the evidence. The next step is to consider whether evidence of the other crimes, wrongs, or acts is presented to provе the character of the accused in order to show activity in conformity therewith or whether the other acts evidence is presented for a legitimate purpose, such as those stated in
Evid.R. 404(B) . The third step is to consider whether the probativevalue of the other acts evidence is substantially outweighed by the danger of unfair prejudice.
(Internal citations omitted.) Id. at ¶ 20. Mr. Lane has not alleged that the detective‘s testimony about his conduсt as a juvenile was inadmissible under Williams’ three-step analysis, nor has he developed an argument to support such an allegation.
{¶8} We also note that, before the detective testified, Mr. Lane‘s trial counsel “renew[ed] [his] objection” to the other acts evidence, referring to a “brief hearing” that had occurred on the State‘s motion to use other acts evidence. Mr. Lane, however, did not have the court reporter prepare that part of the trial transcript. See
ASSIGNMENT OF ERROR II
APPELLANT‘S CONVICTION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
{¶9} Mr. Lane next argues that his conviction was against the manifest weight of the evidence. If a defendant asserts that a conviction is against the manifest weight of the evidence,
an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whethеr, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.
{¶10} Mr. Lane notes that, although B.M.A. testified that he sent her a certain love letter, which was admitted, she was the only witness to identify his handwriting. He notes that B.M.A. was also the only one to testify that the “BML” tattoo on his hand stood for the initials she would have after they got married. Mr. Lane notes that there was no forensic analysis done on the love letter to determine whether his fingerprints or DNA was on it or in the bedroom wherе the alleged sexual conduct occurred. He also notes that, although B.M.A. testified that she told a friend about having sex with him, the friend did not testify. He further notes that his grandmother testified that B.M.A. only lived with them for a two week period, which preceded the date of the alleged sexual conduct by two months. His grandmother also testified that there were approximately 18 people living in the house, making it implausible that sexual conduct occurred without anyone else being aware of it. Finally, Mr. Lane asserts that the detective put undue and coercive рressure on B.M.A. when he interviewed her at the police station by falsely telling her that he already knew what had happened, making the story she came up with less plausible.
{¶11} “[T]he weight to bе given the evidence and the credibility of the witnesses are primarily for the trier of the facts.” State v. DeHass, 10 Ohio St.2d 230 (1967), paragraph one of the syllabus. In reaching its verdict, the jury was in the best position to evaluate the credibility of
{¶12} Mr. Lane has not identified any discrepancies between B.M.A.‘s testimony and what she initially told the detective about what happened, what she told a social worker two weеks later, or what she told a therapist two months after that. On the other hand, the State impeached Mr. Lane‘s grandmother‘s testimony with evidence that, despite claiming Mr. Lane never lived аt her house, she had consulted with a police officer about how to evict Mr. Lane and his mother from it. Upon review of the record, we cannot say that the jury clearly lost its way when it chose to believe B.M.A.‘s testimony that she and Mr. Lane engaged in sexual conduct. Mr. Lane‘s second assignment of error is overruled.
III.
{¶13} Mr. Lane‘s assignments of error are overruled. The judgment оf the Summit County Court of Common Pleas is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into executiоn. A certified copy of this journal entry shall constitute the mandate, pursuant to
Costs taxed to Appellant.
JENNIFER HENSAL
FOR THE COURT
TEODOSIO, J.
CALLAHAN, J.
CONCUR.
APPEARANCES:
JEFFREY N. JAMES, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.