State v. Williams

Citations

• 215 N.E.3d 629
• 2023 Ohio 1748

Syllabus

Cuyahoga County Division of Children and Family Services social worker sexual assault State v. Boston assignment of error Evid.R. 410 constitution due process Crim.R. 29 acquittal force manifest weight of evidence sufficiency prosecutorial misconduct abuse of discretion expert witness credibility factfinder investigation disposition admissibility of plea negotiations Frazier test subjective expectation reasonableness motion for acquittal R.C. 2907.02 sexual conduct force State v. Dye position of authority. Defendant appealed his convictions for rape by force of a child under thirteen and gross sexual imposition, claiming five assignments of error. Argued that the trial court erred when it allowed testimony of the CCDCFS social worker concerning the disposition of their investigation. The appellate court finds no abuse of discretion in allowing the testimony since the social worker did not directly opine on M.B.'s credibility. The trial court did not abuse its discretion when it allowed the jury to hear evidence of plea discussions, because the defendant did not have a subjective expectation that he was negotiating a plea during the jail calls. Sufficient evidence was presented as to each element of the crimes charged, including force, thus the Appellant's motion for acquittal was properly denied. The jury found the defendant guilty based on the evidence presented, including the victim's testimony, which described the abuse and her fear during the incidents. The court does not find that the evidence weighs heavily against the conviction. As a result, the Appellant's conviction is upheld, and the judgment is affirmed.