State v. Jamison

552 N.E.2d 180, 49 Ohio St. 3d 182, 1990 Ohio LEXIS 104
CourtOhio Supreme Court
DecidedMarch 7, 1990
DocketNo. 88-1286
StatusPublished
Cited by705 cases

This text of 552 N.E.2d 180 (State v. Jamison) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jamison, 552 N.E.2d 180, 49 Ohio St. 3d 182, 1990 Ohio LEXIS 104 (Ohio 1990).

Opinion

Alice Robie Resnick, J.

I

The crucial question we decide today involves the admissibility of other acts to establish an accused’s identity of the charged offenses. We find the other acts, i.e.-, robberies, forming a unique, identifiable plan of criminal activity, sufficiently probative as to identity to warrant their admission. To be admissible, these other acts must tend to show by substantial proof “identity” or other enumerated purposes under Evid. R. 404(B). Although the standard for admissibility is strict, the other acts need not be the same as or similar to the crime charged. We also find appellant’s other propositions of law without merit. We affirm his convictions and death sentence.

Appellant argues that the other-acts evidence, i.e., seven robberies, had no clear focus, but simply a diffused pattern. He argues they were sufficiently dissimilar in details to the charged offenses as not to form a common plan or scheme which would establish appellant’s identity. Appellant points out that “[b]ecause R.C. 2945.59 and Evid. R. 404(B) codify an exception to the common law with respect to other acts of wrongdoing, they [184]*184must be construed against admissibility, and the standard for determining admissibility of such evidence is strict. * * *” State v. Broom (1988), 40 Ohio St. 3d 277, 533 N.E. 2d 682, paragraph one of the syllabus. Appellant asserts that a variety of businesses were robbed, that the offenses occurred over several months, and that the robber acted alone or with an accomplice. Sometimes the robber used a firearm; at other times, no gun was observed. Also, the robber escaped on foot or by bicycle. Despite these differences, we find sufficient similarities to demonstrate a unique, identifiable plan of criminal activity.

The facts of the other robberies were as follows:

On June 18,1984, appellant robbed Orville Smith, a sixty-five-year-old clerk at Acres of Books. A patron found Smith alone, face down, unconscious, head injured, and the cash register open and empty.

On June 27, 1984, Jack G. West owned the Metropolitan Gallery. West testified appellant “came into my business and proceeded to attack me, rob me, beat me and leave me for dead.” West suffered a “[sjkull fracture, brain damage, head lacerations, other minor injuries.” He woke up five days later in the hospital. Police found jewelry belonging to West when they arrested appellant on October 12.

On August 7, appellant robbed the Save discount store with an accomplice. Forcing the store manager to the floor, appellant put a gun to her forehead. Appellant forced the manager to open the register but took the money out himself. As they were leaving, appellant struggled with and robbed a patron who fell to the floor. Appellant returned to where the manager was lying on the floor and kicked her in the face three or four times.

On September 5, appellant robbed the owner of Rensler Portrait Studio, another small family business. Appellant dragged June Rensler to the back of the studio by her hair. He held a gun to her face. After Wing her up, he kicked her. He then opened the register himself and took the money.

On September 8, 1984, appellant robbed the Kings News. He made the cashier get down on the floor and “put * * * a gun on * * * [her] face.” After he took the money from the register, appellant put a gun to another worker’s head and told him “if he made a move, he would blow him away.” Appellant took another gun from Kings News that police found on his person at the time of arrest.

On October 5, 1984, appellant robbed the Curve Cafe, another bar. He put a gun to one victim’s head, threatening “to blow her brains out.” He attempted, unsuccessfully, to open the register and, finally, took money from an envelope behind the bar. He forced or threw all victims to the floor and robbed them.

The last of these robberies was Gold Star Chili on October 12. At Gold Star Chili, appellant pulled out a gun, jumped over the counter and physically took money from the cash register. He threw a patron to the floor and robbed him. All the foregoing robberies occurred near downtown Cincinnati in close proximity to each other, during weekday afternoons, except for one which occurred on a Saturday evening. The places robbed were all first floor on-the-street, walk-in businesses.

Under longstanding principles of Anglo-American jurisprudence, an accused can not be convicted of one crime by proving he committed other crimes or-is a bad person. As Evid. R. 404(B) states: “Evidence of other crimes, wrongs, or acts is not admissible to prove, the character of a person in [185]*185order to show that he acted in conformity therewith.” Nonetheless, evidence of other acts, though they be crimes, may be admissible for other purposes. Evid. R. 404(B) specifies admissibility to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” R.C. 2945.59, predating Evid. R. 404(B), mandates admissibility for specific purposes such as defendant’s scheme, plan or system. Nonetheless, “the standard for determining admissibility of such evidence is strict.” State v. Broom, supra.

We have long recognized the utility of other acts in order to establish identity. In Barnett v. State (1922), 104 Ohio St. 298, 135 N.E. 647, involving other acts to prove identity, we noted:

“* * * ‘The law will not suffer itself to be handicapped by limiting the means or methods of identification to physical characteristics. Where the identity of the defendant is the question in issue, any fact which tends to establish the identity has probative value and is none the less competent evidence because it establishes a collateral fact nor because proof of such fact may incidentally involve proof of the commission of another offense. If the fact tends to establish the identity of the accused, it is competent evidence, no matter what else it may prove * * ” Id. at 303, 135 N.E. at 649.

In Whiteman v. State (1928), 119 Ohio St. 285, 164 N.E. 51, we held evidence of other robberies properly admitted on identity. In that armed-robbery case, we said, at 294, 164 N.E. at 53:

“* * * [C]riminals are discovered in many instances by certain characteristics, plans, and methods followed in the commission of offenses. This is more especially true where criminals pursue a life of crime for any considerable time. It would be a serious handicap to those whose business it is to ferret out, detect, and punish crime, to deny resort to such characteristics in bringing accused persons to justice.”

In State v. Hector (1969), 19 Ohio St. 2d 167, 48 O.O. 2d 199, 249 N.E. 2d 912, in another robbery-murder case we reversed where evidence of other robbery acts was admitted. We held that “[t]o make such evidence relevant to the issue of identity, the evidence must indicate that essentially the same plan, system or method has been followed.” (Id. at paragraph three of the syllabus.) Appellant strongly argues that decision should control this case.

We find State v. Hector, supra, distinguishable. In that case, we applied R.C. 2945.59, which did not specifically mention identity. Nonetheless, we recognized identity might be included in the same plan, system or method. Id. at 176, 48 O.O. 2d at 204-205, 249 N.E. 2d at 917-918; State v. Curry (1975), 43 Ohio St. 2d 66, 73, 72 O.O.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Swartz v. Van Deest
2023 Ohio 1882 (Ohio Court of Appeals, 2023)
State v. Paoletti
2023 Ohio 913 (Ohio Court of Appeals, 2023)
State v. Beaver
2022 Ohio 4578 (Ohio Court of Appeals, 2022)
State v. Logan
2022 Ohio 4383 (Ohio Court of Appeals, 2022)
State v. Willey
2020 Ohio 3172 (Ohio Court of Appeals, 2020)
State v. Mathis
2020 Ohio 3068 (Ohio Court of Appeals, 2020)
Salameh v. Salameh
2019 Ohio 5390 (Ohio Court of Appeals, 2019)
State v. Patel
2019 Ohio 4033 (Ohio Court of Appeals, 2019)
State v. Cousins
2019 Ohio 2899 (Ohio Court of Appeals, 2019)
State v. Patton
2019 Ohio 2902 (Ohio Court of Appeals, 2019)
State v. Hampton
2019 Ohio 2555 (Ohio Court of Appeals, 2019)
State v. Anderson
2018 Ohio 5228 (Ohio Court of Appeals, 2018)
State v. Faggs
2018 Ohio 3643 (Ohio Court of Appeals, 2018)
In re: K.M.
2018 Ohio 3144 (Ohio Court of Appeals, 2018)
State v. Lamb
2018 Ohio 3089 (Ohio Court of Appeals, 2018)
State v. Stein
2018 Ohio 2621 (Ohio Court of Appeals, 2018)
State v. Smith
2018 Ohio 2366 (Ohio Court of Appeals, 2018)
State v. Shilbaya
2018 Ohio 1991 (Ohio Court of Appeals, 2018)
Tate v. Tate
2018 Ohio 1244 (Ohio Court of Appeals, 2018)
State v. Wright
2017 Ohio 8702 (Ohio Court of Appeals, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
552 N.E.2d 180, 49 Ohio St. 3d 182, 1990 Ohio LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jamison-ohio-1990.