State v. Ashworth

706 N.E.2d 1231, 85 Ohio St. 3d 56
CourtOhio Supreme Court
DecidedMarch 24, 1999
DocketNo. 97-1497
StatusPublished
Cited by90 cases

This text of 706 N.E.2d 1231 (State v. Ashworth) 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. Ashworth, 706 N.E.2d 1231, 85 Ohio St. 3d 56 (Ohio 1999).

Opinions

Alice Robie Resnick, J.

In this appeal, Ashworth raises five propositions of law, all relating solely to his death sentence. Finding none meritorious, we affirm his convictions and sentence. In addition, we have reviewed the two [61]*61propositions of law raised by the' state, independently reviewed the record, weighed the aggravating circumstance against the mitigating factors, and examined the proportionality and appropriateness of the death sentence in this case. Upon a complete review of the record, we affirm Ashworth’s convictions and sentences.

(I)

Waiver of Mitigation

Ashworth argues in his first proposition that the Eighth Amendment to the United States Constitution prohibits a capital defendant from withholding all mitigating evidence from the factfinder. While acknowledging that the court has decided similar cases contrary to his position, Ashworth argues that his position here is not foreclosed for two reasons. First, Ashworth argues that no Ohio court has ever confronted this situation, where a defendant has pled guilty to a capital crime and prevented the presentation of mitigating evidence in order to secure a death sentence. Second, Ashworth argues that no Ohio case has “accurately” addressed the Ohio statutory requirement that a trial court must consider mitigation evidence, or the Eighth Amendment restriction on the state’s authority to execute unless it has actually considered all relevant evidence that might militate against a sentence of death.

In fact, Ashworth’s is the first case to reach this court in which a capital defendant has pled guilty and waived mitigation for the sole purpose of obtaining a sentence of death. Other defendants have refused to present mitigating evidence, or, as they saw it, to beg for their lives only after a jury had first found them guilty of a crime for which they had asserted their innocence. State v. Zuern (1987), 32 Ohio St.3d 56, 57-58, 512 N.E.2d 585, 587-588; State v. Tyler (1990), 50 Ohio St.3d 24, 27, 553 N.E.2d 576, 583. More recently, we found that a defendant who was competent could decide to waive all collateral proceedings. State v. Berry (1997), 80 Ohio St.3d 371, 686 N.E.2d 1097. Berry, while applicable, is somewhat distinguishable, since Berry had a full trial and sentencing proceeding in which he presented mitigating evidence. Here, Ashworth acknowledged his guilt, expressed remorse, and chose to receive the death penalty rather than spend the rest of his life, or the majority of it, in prison.

When Ohio’s current death penalty statutes were drafted, the General Assembly made no provision for a situation such as Ashworth presents. While Crim.R. 11 addresses what must be done when a person charged with aggravated murder pleads guilty, there is no corollary procedure for the waiver of mitigation.1 See [62]*62State v. Green (1998), 81 Ohio St.3d 100, 103, 689 N.E.2d 556, 558. Here, the trial court crafted its own procedures. First, Ashworth was advised of his right to present evidence of mitigating factors. Then the court apprised him what could happen if he failed to present any mitigating evidence. Finally, the court appointed various experts to examine Ashworth and determine whether he was competent to waive mitigation under the standard enunciated in State v. Berry (1996), 74 Ohio St.3d 1504, 659 N.E.2d 796.2 The experts found him competent, and the case proceeded.

In this case the procedures followed by the trial court ensured that Ashworth made a knowing and voluntary waiver of his presentation of mitigating evidence. These procedures provide a foundation for guidelines to assist trial courts in dealing with a situation such as the one presented here. We now hold that in a capital case, when a defendant wishes to waive the presentation of all mitigating evidence, a trial court must conduct an inquiry of the defendant on the record to determine whether the waiver is knowing and voluntary. The trial court must decide whether the defendant is competent and whether the defendant understands his or her rights both in the plea process and in the sentencing proceedings. See Wallace v. State (Okla.Crim.App.1995), 893 P.2d 504, 512-513; Grasso v. State (Okla.Crim.App.1993), 857 P.2d 802, 806. The trial court must inform the defendant of the right to present mitigating evidence and explain what mitigating evidence is. The court must then inquire of the defendant, and make a determination on the record, whether the defendant understands the importance of mitigating evidence, the use of such evidence to offset the aggravating circumstances, and the effect of failing to present that evidence. After being assured that the defendant understands these concepts, the court must inquire whether the defendant desires to waive the right to present mitigating evidence, and, finally, the court must make findings of fact as to the defendant’s understanding and waiver of rights. See Koon v. Dugger (Fla.1993), 619 So.2d 246, 250.

We are not holding that a competency evaluation must be done in every case in which a defendant chooses to waive the presentation of mitigating evidence. See Tyler, 50 Ohio St.3d at 29, 553 N.E.2d at 585. A trial court should be cognizant of actions on the part of the defendant that would call into question the defendant’s competence. However, absent a request by counsel, or any indicia of incompetence, a competency evaluation is not required.

In Ashworth’s case, the procedures put together by the trial court essentially followed those set forth above. Since Ashworth was found competent, once he [63]*63was advised of his right to present mitigating evidence and the consequences of his failure to do so, he was free to decide that he did not want mitigating evidence presented. The trial court was not obligated to do any more.

However, counsel for Ashworth argue that the trial court should have gone further by granting defense counsel’s requests that an independent counsel be appointed to investigate and present mitigating evidence for the court’s consideration. Counsel for Ashworth argue that the failure to present mitigating evidence “undermines this Court’s statutorily mandated duty to conduct a complete review * * * [and] creates a serious dilemma when a defendant changes his mind about desiring the death penalty — as appellant Ashworth has done in this case.” As to the latter contention, nothing indicates that Ashworth has changed his mind concerning the presentation of mitigating evidence as counsel for Ashworth now allege.3 Having found that the court followed proper procedures, we hold that Ashworth was competent to waive the presentation of mitigation and that he cannot now rescind that waiver and argue that he is entitled to a new penalty phase because he changed his mind.

Since Ashworth was competent to waive the presentation of mitigation, the only question remaining is whether, in spite of his waiver, there is some constitutional or statutory requirement that compels the presentation of mitigating evidence. In our view, a rule requiring the presentation of mitigating evidence would be impossible to enforce. Even if the court attempted to require an attorney to present mitigating evidence, it cannot force an unwilling defendant to provide that evidence to his attorney. In Gray v. Lucas (C.A.5, 1982), 677 F.2d 1086

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Cite This Page — Counsel Stack

Bluebook (online)
706 N.E.2d 1231, 85 Ohio St. 3d 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ashworth-ohio-1999.