State v. Rodriguez

Citations

• 2021 Ohio 2580

Syllabus

Sufficient evidence manifest weight of the evidence prosecutorial misconduct impeachment character evidence other acts evidence. A conviction for attempted rape is not based on insufficient evidence where the evidence strongly corroborates the defendant's criminal attempt and constitutes a substantial step towards the act. The defendant's act of entering the victim's bedroom while she was in bed, and unsuccessful attempt at removing a comforter covering her constitutes a substantial step towards rape where the evidence otherwise establishes that he had successfully done the same multiple times previously before proceeding to digitally penetrate the victim. Considering evidence pertaining to counts of the indictment for which the defendant is ultimately found not guilty for purposes of establishing a sexually violent predator specification does not cause the conviction to be based on insufficient evidence. A sexually violent predator specification that is in part based on evidence pertaining to counts in the indictment for which the defendant is ultimately found not guilty is not against the manifest weight of the evidence where the defendant fails to identify any conflicting evidence that in resolving the jury lost its way and created a manifest miscarriage of justice. A defendant's convictions are not against the manifest weight of the evidence because there are minor conflicts in witness testimony where there is no inconsistency in the evidence pertaining to the crimes charged. Where the victim of sexual abuse was a child at the time of the abuse and where there was some inconsistency in her recollection of her age at the time of the abuse as well as how many times the abuse occurred, but where her testimony is otherwise clear that the crimes of conviction did occur, the convictions are not against the manifest weight of the evidence. A defendant cannot establish a prosecutorial misconduct claim based on the prosecutor's argument that the jury could consider evide