State v. Morgan

Citations

• 2025 Ohio 5510

Syllabus

R.C. 2907.02(A)(1)(c), substantial-impairment rape, prejudicial joinder, motion to sever, simple and direct, Crim.R. 14, sufficiency of the evidence. Appellant appealed his conviction for rape. The trial court did not abuse its discretion in denying his motion to sever rape allegations involving separate women on separate dates where the State's presentation of evidence was simple and direct. There was no overlap between the witnesses to each allegation. The court also did not abuse its discretion by not holding a hearing on the motion to sever or ordering the State to provide defendant's own audio statements that only concerned one of the rape allegations, of which he was found not guilty. Sufficient evidence supported appellant's conviction where his DNA was found in victim's vagina, they had previously been drinking alcohol together, and appellant observed victim struggling to stand on her own. Use of the word \survivor\ was not an error where witness used the word generically and the court granted objection to single use of the word to describe a specific victim.