State v. Coleman

707 N.E.2d 476, 85 Ohio St. 3d 129
CourtOhio Supreme Court
DecidedMarch 31, 1999
DocketNo. 97-737
StatusPublished
Cited by125 cases

This text of 707 N.E.2d 476 (State v. Coleman) 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. Coleman, 707 N.E.2d 476, 85 Ohio St. 3d 129 (Ohio 1999).

Opinion

Francis E. Sweeney, Sr., J.

Appellant has raised ten propositions of law for our consideration, which we have fully reviewed according to R.C. 2929.05(A). Pursuant to State v. Poindexter (1988), 36 Ohio St.3d 1, 520 N.E.2d 568, and subsequent cases, we summarily reject without discussion appellant’s Propositions of Law Nos. VII, VIII, IX, and X because they involve settled issues. (See Appendix.) We have independently assessed the evidence relating to the death sentence, weighed the aggravating circumstance against any mitigating factors, and reviewed the proportionality of the sentence. As a result, we affirm appellant’s convictions and sentence of death.

INEFFECTIVE ASSISTANCE OF COUNSEL

In his first proposition of law, appellant contends that his trial counsel rendered ineffective assistance. Reversal of convictions on ineffective assistance requires that the defendant show, first, “that counsel’s performance was deficient” and, second, “that the deficient performance prejudiced the defense * * * [so as] to deprive the defendant of a fair trial.” Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693. Accord State v. Bradley (1989), 42 Ohio St.3d 136, 538 N.E.2d 373, paragraph two of the syllabus.

A. Failure to Challenge Insufficiency of Evidence

Coleman contends that his counsel failed to “adequately illustrate the insufficiency of the State’s ease” against him. He asserts that no physical evidence linked him to the crime scene, that testimony against him was inconsistent, and that a substantial number of leads pointed to a killer other than Coleman. Yet, despite Coleman’s claims, his counsel’s tactical choices did not fall below “an objective standard of reasonable representation.” Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373, paragraph two of the syllabus.

Coleman cites materials and documents that he claims his counsel did not fully exploit, and that reflect witness bias, grounds for impeachment, and asserted inconsistencies between trial testimony and pretrial statements or former testimony. However, Coleman largely cites and relies upon materials released by the state in open pretrial discovery, as well as transcripts from other cases. Yet these materials were not in evidence before the trial court and are not in the record before this court. Because “[a] reviewing court cannot add matter to the record before it, which was not a part of the trial court’s proceedings,” Coleman’s attempt to have this court consider this material must fail. State v. Ishmail (1978), 54 Ohio St.2d 402, 8 O.O.3d 405, 377 N.E.2d 500, paragraph one of the [134]*134syllabus. Any allegations of ineffectiveness based on facts not appearing in the record should be reviewed through the postconviction remedies of R.C. 2953.21. State v. Cooperrider (1983), 4 Ohio St.3d 226, 228, 4 OBR 580, 582, 448 N.E.2d 452, 454.

Next, Coleman contends that no physical evidence linked him to the crime' scene. However, Coleman admitted to police the day after the murder that he was with Stevens at Riddle’s Ribs, near the murder scene, and that he left with her near the time of the murder. Additionally, Christopher Holtz, an unimpeached eyewitness, saw both Stevens and Coleman at Riddle’s and in the alley outside, shortly before Holtz heard shots and the murder occurred.

Nor was it even necessary for the physical evidence to prove Coleman’s identity as the killer. Over the course of several months, Coleman repeatedly told eyewitnesses that he intended to kill Stevens and why he intended to do so. On the day of the murder, he told Hope Strodes that he intended to shoot “the bitch” that day; also that day, he told James White that he was “going to take care of it [the murder].” Immediately after the murder, Coleman separately told Fayette Strodes and Lynnda Gaskins what he had done, demonstrating to Gaskins how “[t]he bitch fell like a rock.” Later, he also admitted to White, Vera Strodes, and Gaskins that he had shot Stevens. Months later, Coleman admitted to inmate Easier how and why he had shot Stevens and furnished details the killer would have known.

In any event, there was physical evidence and other testimony that reinforced Coleman’s admissions that he had killed Stevens. Inmate Donovan Hayes corroborated White’s testimony. Fayette, Gaskins, and White all testified to Coleman’s obsession to get Stevens. Several witnesses testified that Coleman wore a flannel shirt that evening, with cockleburs stuck on it. Police later found a flannel shirt replete with cockleburs, identified as what Coleman wore that day, abandoned in a doghouse at the Strodeses’ residence.

Dr. Stewart, the pathologist, confirmed descriptions given by Coleman to Gaskins and Easier as to where and how Coleman shot Stevens, i.e., two bullets to the back of the head. Also, the severed vertebrae corroborated Coleman’s description that Stevens “drop[ped] like a rock” when she was shot. Furthermore, shells of .380 caliber bullets were found at the scene, and a forensic expert verified that the .380 caliber bullets were likely fired from a Davis P-380, the same type of gun that Coleman told Easier he used to shoot Stevens. Additionally, Davis P-380 automatics come in chrome models and Hope Strodes saw Coleman with a silver, semi-automatic gun less than an hour before the murder. Given the strength of this evidence, Coleman’s claim that a substantial number of leads point to another killer other than Coleman is baseless. Nothing in the record suggests any other killer.

[135]*135Coleman’s counsel presented credible and competent representation by attempting to challenge his identity as the killer, an enormous task given Coleman’s propensity to talk about how he was going to kill Stevens and, after the deed, how he had done so. Counsel examined prosecution witnesses about uncertainties or inconsistencies in testimony. Counsel cross-examined witnesses about their asserted bias or impeached their character, where appropriate. “[A] court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance^]” Strickland, 466 U.S. at 689, 104 S.Ct. at 2065, 80 L.Ed.2d at 694. Here, no deficient performance of duty occurred.

Additionally, Coleman fails to establish that any prejudice arose from his counsel’s tactical decisions. To show prejudice, “the defendant must prove that there exists a reasonable probability that, were it not for counsel’s errors, the result of the trial would have been different.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373, paragraph three of the syllabus. In view of the compelling evidence of Coleman’s guilt, different tactical choices would have made no difference.

B. Voir Dire

Coleman contends that his counsel failed to adequately voir dire prospective jurors. However, Coleman fails to demonstrate that counsel’s performance fell below “an objective standard of reasonable representation.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373, paragraph two of the syllabus. As we have noted, “[t]he conduct of voir dire by defense counsel does not have to take a particular form, nor do specific questions have to be asked.” State v. Evans (1992), 63 Ohio St.3d 231, 247, 586 N.E.2d 1042, 1056.

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Bluebook (online)
707 N.E.2d 476, 85 Ohio St. 3d 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-ohio-1999.