State v. Craft

776 N.E.2d 546, 149 Ohio App. 3d 176
CourtOhio Court of Appeals
DecidedSeptember 3, 2002
DocketCase No. CA2001-09-202.
StatusPublished
Cited by7 cases

This text of 776 N.E.2d 546 (State v. Craft) 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. Craft, 776 N.E.2d 546, 149 Ohio App. 3d 176 (Ohio Ct. App. 2002).

Opinion

Powell, Judge.

{¶ 1} This is an interlocutory appeal by the appellant, the state of Ohio, of a pretrial discovery order. We reverse the trial court’s order.

2} On June 11, 2001, defendant-appellee, James Craft, was indicted for aggravated murder in violation of R.C. 2903.01(B). The indictment alleged that on or about June 13, 1974, appellee purposely caused the death of Cynthia Beuerlein while committing or attempting to commit the offense of kidnapping.

{¶ 3} Appellee requested discovery and a bill of particulars. Among the items appellee requested were the names and addresses of witnesses interviewed by the state in connection with its investigation of the victim’s death. Appellee also requested that the state provide all witness statements obtained in connection with its investigation. The state filed a bill of particulars and provided some of the items requested by appellee. However, the state refused to provide appellee with the names and addresses of witnesses it did not intend to call at trial. The state also refused to disclose all witness statements obtained in connection with its investigation. The state claimed that the names and addresses and the witness statements were not discoverable under Crim.R. 16.

{¶ 4} The trial court held a discovery hearing on August 31, 2001. At the conclusion of the hearing, the trial court ordered the state to “turn over to counsel for the defendant a list of the names and addresses of witnesses *178 interviewed by law enforcement officers in connection with their investigation of this case in 1974.” The trial court also ordered the state to turn over to the trial court “all statements of witnesses interviewed by law enforcement officers in connection with their investigation of this case” for an in camera Brady material inspection. The trial court acknowledged that Crim.R. 16 did not specifically authorize the disclosure of these items. However, the trial court reasoned that due to the passage of time since the alleged crime took place, “fundamental fairness” required disclosure.

{¶ 5} The state made a motion in this court for leave to file an interlocutory appeal pursuant to R.C. 2945.67. This court granted the state’s motion.

{¶ 6} The state asserts one assignment of error on appeal:

{¶ 7} “The trial court’s pretrial discovery order erroneously exceeded the scope of Crim.R. 16(B).”

{¶ 8} The state makes two arguments under its sole assignment of error. First, the state contends that the trial court abused its discretion in ordering the state to disclose the names and addresses of all witnesses interviewed by the state at the time of its investigation. Second, the state argues that the trial court abused its discretion in ordering the state to furnish to the trial court “any and all statements of witnesses interviewed by law enforcement officers in connection with its investigation” for an in camera Brady inspection.

{¶ 9} In support of its first argument, the state asserts that providing the names and addresses of witnesses it does not intend to call at trial is contrary to Crim.R. 16(B). The state also argues that such disclosure unlawfully requires the state to disclose nondiscoverable investigatory work product and to create a document that does not exist.

{¶ 10} The granting or overruling of discovery motions in a criminal case rests within the sound discretion of the trial court. State v. Shoop (1993), 87 Ohio App.3d 462, 469, 622 N.E.2d 665. Abuse of discretion connotes more than an error of law or judgment; it implies that the trial court’s decision was arbitrary, unreasonable, or unconscionable. State v. Adams (1980), 62 Ohio St.2d 151, 157, 16 O.O.3d 169, 404 N.E.2d 144; State v. Davis (1992), 79 Ohio App.3d 450, 454, 607 N.E.2d 543.

{¶ 11} Criminal defendants must be afforded a meaningful opportunity to present a complete defense. California v. Trombetta (1984), 467 U.S. 479, 485, 104 S.Ct. 2528, 81 L.Ed.2d 413. However, “[tjhere is no general constitutional right to discovery in a criminal case * * Weatherford v. Bursey (1977), 429 U.S. 545, 559, 97 S.Ct. 837, 51 L.Ed.2d 30.

*179 {¶ 12} Crim.R. 16 identifies what information is discoverable in criminal cases. State ex rel. Steckman v. Jackson (1994), 70 Ohio St.3d 420, 428, 639 N.E.2d 83; State v. Neiderhelman (Sept. 18, 1995), Clermont App. No. 94-10-081, 1995 WL 550030. “[I]n the criminal proceeding itself, a defendant may use only Crim.R. 16 to obtain discovery.” Steckman, 70 Ohio St.3d at 429, 639 N.E.2d 83. In Steckman, the court eliminated the use of public records requests to obtain discovery in criminal proceedings, specifically limiting discovery to that provided for in Crim.R. 16. Id.

{¶ 13} With regard to witness names and addresses, Crim.R. 16(B)(1)(e) provides: “Upon motion of the defendant, the court shall order the prosecuting attorney to furnish to the defendant a written list of the names and addresses of all witnesses whom the prosecuting attorney intends to call at trial * * *.”

{¶ 14} We find that the trial court abused its discretion in ordering the state to disclose “a list of the names and addresses of witnesses interviewed by law enforcement officers in connection with [the state’s] investigation * * * in 1974.” Crim.R. 16(B)(1)(e) specifically addresses the disclosure of names and addresses of witnesses, and requires disclosure only of witnesses the state intends to call at trial. Thus, the trial court’s order expands an area of discovery already addressed by Crim.R. 16. Permitting such discovery is inconsistent with the discovery procedure provided for in Crim.R. 16 and with Steckman. Therefore, we find that the trial court abused its discretion in ordering the state to disclose the names and addresses of witnesses it does not intend to call at trial.

{¶ 15} Appellee cites two cases from the Ninth Appellate District which state that, in some circumstances, trial courts may authorize discovery beyond the scope of Crim.R. 16. See State v. Stutts (Jan. 2, 1991), Lorain App. No. 90CA004879, 1991 WL 1964; State v. Malroit (Nov. 8, 2000), Medina App. No. 3034-M, 2000 WL 1675046. However, both of these cases are distinguishable from the present case.

{¶ 16} In Stutts, the defendant, who was charged with attempted rape and gross sexual imposition, requested an independent psychological evaluation of the alleged victim. The trial court granted the defendant’s request. Crim.R. 16 does not address the defendant’s right to obtain an independent psychological evaluation of a sexual abuse victim.

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Bluebook (online)
776 N.E.2d 546, 149 Ohio App. 3d 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-craft-ohioctapp-2002.