A court may not admit an extrajudicial confession unless the state has produced independent evidence of the corpus delicti of a crime. State v. Carver, 2020-Ohio-4984, 160 N.E.3d 746, ¶ 53 (4th Dist).
{¶1} In 2019, a jury found James E. Carver guilty of Murder, R.C. 2903.02(A), and Rape, R.C. 2907.02, felonies of the first degree. We affirmed his convictions in his direct appeal, State v. Carver, 2020-Ohio-4984, 160 N.E.3d 746 (4th Dist.). Carver's petition for postconviction relief was denied in 2022.
{¶2} Carver was convicted of Murder, an unclassified felony under R.C. 2903.02(A), and Rape, pursuant to R.C. 2907.02(A)(1)(c), which generally provides that the prosecutor must prove that the victim's ability to resist or consent to sexual conduct was substantially impaired at the time of the conduct. Carver challenged those convictions in his direct appeal, State v. Carver, 2020-Ohio-4984, 160 N.E.3d 746 (4th Dist.), "Carver I." In Carver I, we affirmed Carver's convictions in a decision issued October 13, 2020.
{¶2} Carver was convicted of Murder, an unclassified felony under R.C. 2903.02(A), and Rape, pursuant to R.C. 2907.02(A)(1)(c), which generally provides that the prosecutor must prove that the victim's ability to resist or consent to sexual conduct was substantially impaired at the time of the conduct. Carver challenged those convictions in his direct appeal, State v. Carver, 2020-Ohio-4984, 160 N.E.3d 746 (4th Dist.), " Carver I ." In Carver I, we affirmed Carver's convictions in a decision issued October 13, 2020.
State v. Carver, 2020-Ohio-4984, 160 N.E.3d 746, ¶ 53 (4th Dist.). "The corpus delicti of a crime is essentially the fact of the crime itself."