State v. Chapman

942 N.E.2d 1151, 190 Ohio App. 3d 528
CourtOhio Court of Appeals
DecidedDecember 6, 2010
DocketNo. 09CA009672
StatusPublished
Cited by17 cases

This text of 942 N.E.2d 1151 (State v. Chapman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chapman, 942 N.E.2d 1151, 190 Ohio App. 3d 528 (Ohio Ct. App. 2010).

Opinion

Dickinson, Presiding Judge.

INTRODUCTION

{¶ 1} Fourteen-year-old Justin Chapman, 19-year-old Darren English, and 19-year-old Julian Smith were hanging out one evening at Smith’s house when they decided to rob William Fiske so that English could buy diapers for his son. During the robbery, English was shot. He died from internal bleeding within an hour. The grand jury indicted Chapman for murder, attempted murder, felonious assault, aggravated burglary, aggravated robbery, possession of criminal tools, tampering with evidence, and having weapons while under disability. A jury convicted him of each offense, and the trial court sentenced him to 38 years to life in prison. This court reversed his convictions, but the state retried him, and a jury convicted him again on each count. The trial court sentenced him to 30 years in prison. Chapman has appealed, arguing that the juvenile court incorrectly bound him over so that he could be tried as an adult, that his mother should have been informed that she had a right to an attorney before she advised him on how to proceed with questioning, that the trial court incorrectly let Smith testify at trial, that the court improperly sentenced him to a longer prison term because he exercised his right to a jury trial, that his case should have been retried before a different judge, that there was insufficient evidence to convict him of murder, that his conviction for murder is against the manifest weight of the evidence, that the trial court incorrectly let the prosecution excuse the only African-American juror on the panel, and that allowing his mother to take part in the interrogation was an unfair inducement. We affirm Chapman’s convictions because his arguments about the juvenile court and the police interrogation are barred by the doctrine of law of the case, the trial court correctly let Smith testify, this court does not have the authority to determine whether the trial judge was impartial, his murder conviction is supported by sufficient evidence and is not against the manifest weight of the evidence, and the prosecution had a racially neutral explanation for using a peremptory challenge on the African-American juror. We vacate Chapman’s sentence, however, because the trial court’s statements created the appearance that it sentenced him to a longer prison term for exercising his right to a jury trial.

[532]*532FACTS

{¶ 2} After deciding to rob Fiske, Smith, English, and Chapman test-fired a couple of revolvers and crafted masks out of the sleeves of sweatshirts. Sometime after 11:00 p.m., they walked to Fiske’s house. When they got to the house, they put on their masks, rang the doorbell, and waited for Fiske to answer. When Fiske opened the door, they rushed into the house, English leading because he was the biggest. English began struggling with Fiske in the entryway and throughout the living room of the house. Smith and Chapman entered the house and began watching the struggle from the kitchen. As English and Fiske continued tussling, Chapman shot at Fiske. Hearing gunshots, Smith also shot at Fiske, but most of his bullets misfired.

{¶ 3} Despite having been shot multiple times in the back, Fiske muscled English back to the door the men had entered through. Chapman and Smith, therefore, decided to flee. After being forced out of the house, English also attempted to flee, but Fiske grabbed him. Realizing that English needed help, Smith ran back to the house and hit Fiske in the head with his revolver, causing Fiske to lose his grip on English. Smith and English began running back to Smith’s house, but English had to stop because he was having trouble breathing. Thinking it was his asthma acting up, English asked Smith to call his family to ask for a ride. He did not want to call 911 because there was a warrant outstanding for him.

{¶ 4} Smith used a cell phone to call home and got his brother, who agreed to pick them up. While the brother was driving to their location, however, he was stopped by the police and told to go back home because he had a suspended license. When the brother did not show up after 15 to 20 minutes, Smith called home again. This time, he got his parents, who agreed to pick them up. By the time Smith’s parents arrived, English was close to death. By the time they got back to the Smiths’ house, English was not breathing. Smith’s mother began doing CPR, and Smith’s father called 911.

{¶ 5} When the paramedics arrived, they opened English’s shirt and discovered that he had been shot. They were unable to resuscitate him. At some point, Chapman returned to the Smiths’ house. The police detained him and later, with his mother present, questioned him about what had happened. During the interrogation, he told them where to find a gun. Analysis revealed that the bullet that caused English’s wound was fired from the gun Chapman told them about.

LAW OF THE CASE

{¶ 6} Chapman’s first assignment of error is that the juvenile court incorrectly transferred his case to the common pleas court. His second assignment of error [533]*533is that his mother should have been told that she had the right to an attorney before advising him how to proceed with the police interrogation. His ninth assignment of error is that the police unfairly induced him by allowing his mother to talk to him during the interrogation. These assignments of error are barred by the doctrine of law of the case.

{¶ 7} The doctrine of law of the case “provides that the decision of a reviewing court in a case remains the law of that case on the legal questions involved for all subsequent proceedings in the case at both the trial and reviewing levels.” Nolan v. Nolan (1984), 11 Ohio St.3d 1, 3, 11 OBR 1, 462 N.E.2d 410. It “precludes a litigant from attempting to rely on arguments at a retrial [that] were fully pursued, or available to be pursued, in a first appeal. New arguments are subject to issue preclusion, and are barred.” Hubbard ex rel. Creed v. Sauline (1996), 74 Ohio St.3d 402, 404-405, 659 N.E.2d 781.

{¶ 8} Chapman’s arguments regarding his transfer from juvenile court and his mother’s participation during his police interrogation could have been raised in his first appeal. Because he did not raise them in that appeal, they “are subject to issue preclusion, and are barred.” Sauline, 74 Ohio St.3d at 405, 659 N.E.2d 781. Chapman’s first, second, and ninth assignments of error are overruled.

IMPARTIALITY

{¶ 9} Chapman’s fifth assignment of error is that his case should have been retried before a different judge because the same judge could not have been impartial because he had already heard the case. While Chapman did not raise this issue before his second trial, he has argued that it amounts to plain error. See Crim. R. 52(B) (“Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the [trial] court”).

{¶ 10} Although Crim.R. 52(B) permits appellate courts to take notice of plain errors, such notice is to be taken “with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice.” State v. Long (1978), 53 Ohio St.2d 91, 97, 7 O.O.3d 178, 372 N.E.2d 804.

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Cite This Page — Counsel Stack

Bluebook (online)
942 N.E.2d 1151, 190 Ohio App. 3d 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chapman-ohioctapp-2010.