State v. Elliott
| Decision Date | 24 October 2022 |
| Docket Number | 8-21-35 |
| Parties | STATE of Ohio, Plaintiff-Appellee, v. Michael Todd ELLIOTT, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
William T. Cramer, Westerville, for Appellant.
Stacia L. Rapp, for Appellee.
{¶1} Defendant-appellant Michael T. Elliott ("Elliott") appeals the judgment of the Logan County Court of Common Pleas, arguing that his six convictions for rape are against the manifest weight of the evidence; that his conviction for having weapons under a disability and his four convictions for firearm specifications are against the manifest weight of the evidence; and that R.C. 2967.271 ("the Reagan Tokes Law") is unconstitutional. For the reasons set forth below, the judgment of the trial court is affirmed in part and reversed in part.
{¶2} On May 20, 2020, Terry Schneider ("Schneider") was working at the Board of Elections in Logan County when she heard someone "sobbing and crying outside * * *." Tr. 393-394. Schneider went outside where she observed a woman holding a baby. Tr. 394. This woman was later identified as A.Y. Tr. 394, 398. Schneider testified that A.Y.
came into the shop. She said that somebody * * * had her locked in a room or in a house and she finally got out. She didn't have no way of calling anybody so she walked down that far [to the Board of Elections]. And * * * she was worried that he would come and get ahold of her and find her.
Tr. 395. Schneider then called the police. Tr. 395. Officer Jason Boy ("Officer Boy") responded to this call. Tr. 399. A.Y. stated that Elliott, who she had been living with up until that time, had assaulted her. Tr. 373, 377, 384, 399. Officer Boy then ensured that A.Y. got to a domestic abuse shelter. Tr. 400, 406.
{¶3} On August 24, 2020, Leslie Joseph ("Joseph") was working as an emergency room nurse at the Mary Rutan Hospital. Tr. 196, 199. Joseph stated that J.F. came to the hospital, seeking treatment. Tr. 187. Joseph testified that J.F. eventually reported that she had been raped. Tr. 188. Officer Tanner Peterson ("Officer Peterson") of the Bellefontaine Police Department was then summoned to meet with J.F. at the hospital. Tr. 196, 199. Officer Peterson testified that J.F. was distraught, crying, and upset when he met with her. Tr. 200. He also observed that she had bruises on her arm
, around her right eye, above her mouth, below her neck, and on her back. Tr. 200, 203-205. Ex. 1-9. Officer Peterson took a written statement from J.F. Ex. 12.
{¶4} Because J.F. identified Elliott as her assailant, Officer Peterson proceeded to arrest Elliott later that day. Tr. 210. Further, since J.F. had also reported that Elliott had a handgun and two shotguns with him during the night of the incident, the police also searched Elliott's residence for firearms. Tr. 202-203, 207, 213. Elliott lived on a property owned by his mother. Tr. 208-209. During a search of this property, the police did not locate any firearms, but they did discover a pellet gun, "pieces of a weapon that was taken apart," and some ammunition. Tr. 207-208, 212. After Elliott's arrest was reported in the news, law enforcement communicated with A.Y., who also alleged that Elliott had raped her during their relationship. Tr. 210, 383, 390.
{¶5} On September 8, 2020, Elliott was indicted on thirteen criminal counts. Doc. 2. These charges included two counts of rape in violation of R.C. 2907.02(A)(2), felonies of the first degree, with one of these counts carrying a firearm specification under R.C. 2941.141(A) ; one count of having weapons while under disability in violation of R.C. 2923.13(A)(3), a felony of the third degree; one count of menacing by stalking in violation of R.C. 2903.211(A)(1), a felony of the fourth degree, with a firearm specification under R.C. 2941.141(A) ; one count of felonious assault in violation of R.C. 2903.11(A)(1), a felony of the second degree, with a firearm specification under R.C. 2941.141(A) ; and one count of intimidation of an attorney, victim, or witness in a criminal case in violation of R.C. 2921.04(B)(1), a felony of the third degree, with a firearm specification under R.C. 2941.141(A).1 Doc. 2.
{¶6} During the course of an investigation into Elliott, law enforcement came into contact with four additional women—K.L., P.H., H.S., and J.M.—who had each been in relationships with Elliott and who each alleged that he had previously raped them. Tr. 210. On January 12, 2021, the State filed a superseding indictment that added four counts of rape in violation of R.C. 2907.02(A)(2), first degree felonies, to the thirteen charges in the original indictment. Doc. 57. At this point, Elliott had seventeen charges against him that included six counts of rape and four firearm specifications. Doc. 57.
{¶7} On September 1, 2021, the State dismissed two of the charges against Elliott. Doc. 199.2 On September 14, 2021, Elliott pled guilty to three of the charges against him. Doc. 212.3 After a three day trial, the jury returned verdicts of guilty on each of the twelve remaining charges against Elliott. Doc. 57, 238. The jury also found Elliott guilty of the four firearm specifications. Doc. 238. On November 2, 2021, the trial court issued its judgment entry of sentencing. Doc. 245. Elliott received two indefinite sentences pursuant to the Reagan Tokes Law. Doc. 245. Altogether, Elliott was sentenced to serve an aggregate prison term from seventy-four years and five months up to seventy-nine years and eleven months. Doc. 245.
{¶8} Elliott filed his notice of appeal on November 8, 2021. Doc. 255. On appeal, he raises the following three assignments of error:
First Assignment of Error
{¶9} Elliott argues that his six convictions for rape in violation of R.C. 2907.02(A)(2) are against the manifest weight of the evidence. For the sake of clarity, we will consider his rape conviction for the fifth count in the superseding indictment in a separate legal analysis from his rape convictions for the tenth, fourteenth, fifteenth, sixteenth, and seventeenth counts in the superseding indictment.4
Legal Standard
{¶10} The manifest weight of the evidence analysis examines whether the State has carried its burden of persuasion at trial. State v. Wilson , 2022-Ohio-504, 185 N.E.3d 176, ¶ 58 (3d Dist.), citing State v. Richey , 2021-Ohio-1461, 170 N.E.3d 933, ¶ 29 (3d Dist.). In this process, "an appellate court's function * * * is to determine whether the greater amount of credible evidence supports the verdict." State v. Harvey , 3d Dist. Marion No. 9-19-34, 2020-Ohio-329, 2020 WL 525933, ¶ 12, quoting State v. Plott , 2017-Ohio-38, 80 N.E.3d 1108, ¶ 73 (3d Dist.).
{¶11} Accordingly, an "appellate court sits as a ‘thirteenth juror’ * * *." State v. Barga , 3d Dist. Shelby No. 17-17-14, 2018-Ohio-2804, 2018 WL 3428730, ¶ 19, quoting State v. Thompkins , 78 Ohio St.3d 380, 388, 678 N.E.2d 541, 547 (1997).
Appellate courts "must review the entire record, weigh the evidence and all of the reasonable inferences, consider the credibility of witnesses, and determine whether in resolving conflicts in the evidence, the factfinder ‘clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.’ "
State v. Randle , 2018-Ohio-207, 104 N.E.3d 202, ¶ 36 (3d Dist.), quoting Plott at ¶ 73, quoting Thompkins at 387, 678 N.E.2d 541.
{¶12} "A reviewing court must, however, allow the trier of fact appropriate discretion on matters relating to the weight of the evidence and the credibility of the witnesses."
State v. Sullivan , 2017-Ohio-8937, 102 N.E.3d 86, ¶ 38 (3d Dist.), quoting State v. Coleman , 3d Dist. Allen No. 1-13-53, 2014-Ohio-5320, 2014 WL 6725795, ¶ 7. "Only in exceptional cases, where the evidence ‘weighs heavily against the conviction,’ should an appellate court overturn the trial court's judgment." State v. Little , 2016-Ohio-8398, 78 N.E.3d 323, ¶ 27 (3d Dist.), quoting State v. Hunter , 131 Ohio St.3d 67, 2011-Ohio-6524, 960 N.E.2d 955, ¶ 119.
{¶13} To prove the crime of rape in violation of R.C. 2907.02(A)(2), the State must establish that the defendant "[1] engage[d] in sexual conduct with another" while "[2] purposely compel[ling] the other person to submit by force or threat of force." R.C. 2907.02(A)(2).
{¶14} At trial, J.F. testified that she knew Elliott for roughly fourteen to fifteen years by the time of the trial and that they had been in a romantic relationship at one point. Tr. 216. At trial, she testified that she did not remember everything that she had reported at the hospital. Tr. 220. The State then presented J.F. with the statement that she had written for the police on August 24, 2020. Tr. 222. J.F. then identified and read the following statement into the record:
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... ... credible evidence supports the verdict." State v ... Harvey, 3d Dist. Marion No. 9-19-34, 2020-Ohio-329, ... ¶ 12, quoting Plott at ¶ 73 ... {¶21} ... For this reason, an "appellate court sits as a ... 'thirteenth juror' * * *." State v ... Elliott, 2022-Ohio-3778, 199 N.E.3d 944, ¶ 19 (3d ... Dist), quoting State v. Thompkins, 78 Ohio St.3d ... 380, 388, 1997-Ohio-52, 678 N.E.2d 541, 547 (1997) ... Appellate courts "must review the entire record, weigh ... the evidence and all of the reasonable inferences, consider ... the ... ...