State v. Berry

650 N.E.2d 433, 72 Ohio St. 3d 354
Ohio Supreme Court·Decided June 28, 1995·No. No. 93-2592·Published·Cited by 278 cases

Opinions

Douglas, J.

Appellant presents a number of issues for our consideration. (See Appendix, infra.) We have carefully considered each of appellant’s propositions of law, independently weighed the aggravating circumstances against the evidence presented in mitigation, and reviewed the death penalty for appropriateness and proportionality. For the reasons that follow, we affirm the judgment of the court of appeals and uphold appellant’s death sentence.

I

R.C. 2929.05 requires this court to review capital cases in a certain manner. However, as we have held on a number of previous occasions, R.C. 2929.05 does not require this court to address and discuss, in opinion form, each and every proposition of law raised by the parties. See, e.g., State v. Poindexter (1988), 36 Ohio St.3d 1, 3, 520 N.E.2d 568, 570; State v. Bonnell (1991), 61 Ohio St.3d 179, 181, 573 N.E.2d 1082, 1085; State v. Hawkins (1993), 66 Ohio St.3d 339, 342, 612 N.E.2d 1227, 1230; and State v. Scudder (1994), 71 Ohio St.3d 263, 267, 643 N.E.2d 524, 528. We adhere to that position today. Upon a careful review of the record and the governing law, we fail to detect any errors that would undermine our confidence in the integrity and reliability of the trial court’s findings. We address, in opinion form, only those issues that warrant some discussion.

II

Appellant was examined before trial by the defense’s court-appointed clinical psychologist, Dr. Robert W. Goldberg. From Goldberg’s examination of appellant, Goldberg determined that appellant was sane at the time of the killing arid was competent to stand trial. Accordingly, prior to trial, defense counsel never raised the issue of appellant’s competency or the defense of not guilty by reason of insanity.

The mitigation phase of appellant’s trial commenced on July 30, 1990. That morning, defense counsel moved for a new trial on the basis of newly discovered evidence to pursue a defense of not guilty by reason of insanity. In doing so, defense counsel raised, for the first time, the issue of appellant’s competency to stand trial. Specifically, the defense claimed that it had recently acquired information indicating that Mitroff had nearly hit appellant’s sister and niece with [359] a delivery van sometime prior to appellant’s employment at the bakery. That information had come from appellant’s sister, Elaine Quigley. Counsel told the court that appellant had previously withheld this information from the defense and that appellant was now claiming that the incident motivated him to kill Mitroff. According to defense counsel, appellant had previously maintained that he killed Mitroff for “no reason.” Defense counsel claimed that appellant’s act of withholding information as to a possible motive raised a question regarding appellant’s sanity. Additionally, defense counsel indicated that the newly discovered evidence had led Dr. Goldberg to suggest that appellant might not be sane enough to proceed with the mitigation phase. The trial court denied appellant’s motion for a new trial and did not order a competency hearing. The case then proceeded to conclusion without appellant having ever been adjudicated competent to stand trial.

In his third proposition of law, appellant contends that the trial court erred by proceeding to the mitigation phase without conducting a mid-trial hearing on the issue of his competence. Appellant suggests that such a hearing was constitutionally required and/or statutorily mandated. We disagree.

Fundamental principles of due process require that a criminal defendant who is legally incompetent shall not be subjected to trial. See Pate v. Robinson (1966), 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; and Drope v. Missouri (1975), 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103. In Pate, supra, the United States Supreme Court held that the failure to observe procedures adequate to protect a defendant’s right not to be tried or convicted while incompetent to stand trial deprives the defendant of the right to a fair trial. In Dusky v. United States (1960), 362 U.S. 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824, 825, the United States Supreme Court set forth the test to determine whether a defendant is competent to stand trial, stating that “ * * * the ‘test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.’ ” See, also, Drope, supra, 420 U.S. at 172, 95 S.Ct. at 904, 43 L.Ed.2d at 113. The right to a hearing on the issue of competency rises to the level of a constitutional guarantee where the record contains “sufficient indicia of incompetence,” such that an inquiry into the defendant’s competency is necessary to ensure the defendant’s right to a fair trial. See Drope, supra, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103; Pate, supra, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; and State v. Bock (1986), 28 Ohio St.3d 108, 110, 28 OBR 207, 209, 502 N.E.2d 1016, 1018-1019.

In Ohio, R.C. 2945.37 protects the right of a criminal defendant not to be tried or convicted while incompetent. R.C. 2945.37(A) provides, in part:

[360] “In a criminal action in a court of common pleas or municipal court, the court, prosecutor, or defense may raise the issue of the defendant’s competence to stand trial. If the issue is raised before trial, the court shall hold a hearing on the issue as provided in this section. If the issue is raised after trial has begun, the court shall hold a hearing on the issue only for good cause shown.

“A defendant is presumed competent to stand trial, unless it is proved by a preponderance of the evidence in a hearing under this section that because of his present mental condition he is incapable of understanding the nature and objective of the proceedings against him or of presently assisting in his defense.” (Emphasis added.)

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

State v. Berry, 650 N.E.2d 433, 72 Ohio St. 3d 354 (Ohio 1995).

650 N.E.2d 433 (State v. Berry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Harris
2025 Ohio 5074 (Ohio Court of Appeals, 2025)
State v. Lowe
2025 Ohio 4635 (Ohio Court of Appeals, 2025)
State v. Parker
2025 Ohio 2255 (Ohio Court of Appeals, 2025)
State v. Henry
2024 Ohio 2369 (Ohio Court of Appeals, 2024)
State v. Vanmeter
2024 Ohio 1458 (Ohio Court of Appeals, 2024)
State v. Finley
2024 Ohio 1058 (Ohio Court of Appeals, 2024)
State v. Daviduk
2024 Ohio 411 (Ohio Court of Appeals, 2024)
State v. Littler
2023 Ohio 4759 (Ohio Court of Appeals, 2023)
State v. Kerns
2023 Ohio 517 (Ohio Court of Appeals, 2023)
State v. Dennison
2020 Ohio 2699 (Ohio Court of Appeals, 2020)
State v. Stiltner
2019 Ohio 4631 (Ohio Court of Appeals, 2019)
State v. Lechner
2019 Ohio 4071 (Ohio Court of Appeals, 2019)
State v. Ingram
2019 Ohio 2438 (Ohio Court of Appeals, 2019)
State v. Wisler
2019 Ohio 2363 (Ohio Court of Appeals, 2019)
State v. Stutzman
2019 Ohio 1695 (Ohio Court of Appeals, 2019)
State v. Shanklin
2019 Ohio 1732 (Ohio Court of Appeals, 2019)
State v. McKeever
2019 Ohio 1636 (Ohio Court of Appeals, 2019)
State v. Newman
2018 Ohio 3253 (Ohio Court of Appeals, 2018)
State v. Harian
2018 Ohio 2051 (Ohio Court of Appeals, 2018)
In re A.H.
2018 Ohio 364 (Ohio Court of Appeals, 2018)