Morgan requested the Ohio Second District Court of Appeals toss out his conviction and grant him a new trial, contending that his conviction for each offense was not supported by sufficient evidence, that his counsel provided ineffective assistance, there was a pre-indictment delay, and that the trial court erred in granting a continuance when the state had trouble finding a victim who was supposed to be a witness during the trial.
Three judges ruled against Morgan, saying he did receive a fair trial and he is not entitled to a new one.
In their ruling, the appeals court recapped the allegations against Morgan.
“(A victim) testified that Morgan approached her and offered her money for sex as she was walking by the area of South High School. (The woman) testified that when she found out Morgan only had $5, she declined his offer and attempted to walk away. However, rather than letting her walk away, Morgan pulled (her) arm, placed a handgun to her head and nose, and said: ‘You gonna do what I tell you to do.’” the ruling says. “(The woman) testified that Morgan then pushed her to the ground, struck her in the face with his gun, and forced her to perform oral sex on him.”
Officers were not able to make an immediate arrest in the case. Two months later, another woman said she was sexually assaulted near the old South High School.
“(The woman) described her assailant as a black male in his 30’s of average height wearing an orange shirt and jeans,” the ruling says. ” (An officer) testified that (the woman) reported the male forced her at gunpoint to the northeast side of South High School, made her perform oral sex on him, and fired a warning shot. (The officer) testified that (the woman) directed him to the exact area where the assault had occurred. Once he reached that area, (the officer) testified that he discovered a shell casing from a gun in the grass.”
This wasn’t the first time Morgan appealed to the higher court. Initially, Morgan accepted a plea agreement and pleaded guilty to one count of rape, according to the district court’s ruling. He was then sentenced to 10 years in prison with three additional years due to the gun specification.
Morgan appealed, telling the court that he didn’t know that it was mandatory for him to go to prison with the plea.
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