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State v. Coogan

Court of Appeals of Ohio, Tenth District

July 25, 2019

State of Ohio, Plaintiff-Appellee,
v.
Joseph Coogan, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 13CR-3015

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

          Yeura R. Venters, Public Defender, and Marley C Nelson, for appellant.

          DECISION

          SADLER, J.

         {¶ 1} Defendant-appellant, Joseph Coogan, appeals the order of the Franklin County Court of Common Pleas, denying appellant's amended petition to vacate and set aside judgment. For the following reasons, we affirm the trial court.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} This is the second appeal this court has heard in connection with appellant's 2014 conviction for rape, sexual battery, and kidnapping. In State v. Coogan, 10th Dist. No. 14AP-220, 2014-Ohio-4775, ¶ 3-11 ("Coogan I "), we set forth the facts of the case as follows:

This case arises from an incident that occurred in the early morning hours of May 27, 2013 after a party in which both the victim ("KC") and appellant were drinking. The party occurred at a residence where Cierra Chapman, KC and KC's daughter were living. In the early morning hours, KC became very intoxicated and then angry when talking about KC's mother. The other party guests told her to go to bed and appellant carried KC upstairs to her bedroom, with SC, the 16-year-old brother of Cierra Chapman, showing the way. Appellant is the biological father of KC who was 19 at the time.
At trial, KC testified that once appellant had taken her to her room, he laid her down on the bed and then he lay next to her. She does not remember S.C. showing appellant where the bedroom was, nor does she remember having a cigarette with SC. She testified that appellant lay down on the bed with her fully clothed. She said that he removed her pants, bra, and underwear and climbed on top of her. He touched her breasts and inserted his fingers into her vagina. He told her to be quiet and stop moving, while he held a blanket over her mouth. KC testified that appellant had his clothes on but his pants were pulled down.
KC said that when Cierra Chapman came into the room appellant immediately stood up and zipped up his pants, told Cierra to watch KC and left the room. KC then told Cierra what had happened. KC testified that she was menstruating at the time and was wearing a tampon, which appellant took out of her. An ambulance and the police were called and KC was taken to a hospital.
Cierra Chapman testified that both KC and appellant were drinking and appellant carried KC up to her room after she became emotional at the end of the evening, with her brother S.C. showing the way. Cierra said that after about 45 minutes to an hour, she went upstairs to the bedroom which she shared with KC.
When Cierra walked into the bedroom, appellant jumped up from lying on the bed and quickly covered KC with a blanket. Appellant's pants and belt were unbuckled. He put on his boots and fixed his belt. He asked Cierra to watch KC because she was going to be sick and then Cierra showed him out of the bedroom with the light from her phone.
Once appellant left, Cierra turned on the light and KC sat up and said "I think my dad touched me." (Tr. Vol. I, 111.) Cierra uncovered the blanket and saw KC's pants and underwear were down around her ankles. Her strapless bra was around her knees. She ...

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