State v. Franklin

580 N.E.2d 1, 62 Ohio St. 3d 118, 1991 Ohio LEXIS 2636
CourtOhio Supreme Court
DecidedNovember 20, 1991
DocketNo. 90-1914
StatusPublished
Cited by782 cases

This text of 580 N.E.2d 1 (State v. Franklin) 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. Franklin, 580 N.E.2d 1, 62 Ohio St. 3d 118, 1991 Ohio LEXIS 2636 (Ohio 1991).

Opinion

Herbert R. Brown, J.

R.C. 2929.05(A) requires us to undertake a three-part analysis in capital cases. First, we must review the judgment and consider Franklin’s claims of error. Second, we must independently weigh the evidence of aggravating and mitigating factors. Third, we must decide whether the sentence of death is excessive or disproportionate to the penalty imposed [122]*122in similar cases. For the reasons set forth below, we affirm the convictions and uphold the sentence of death.

I

Trial Errors

We first consider appellant’s asserted legal errors at trial. The principal issues include the joinder of the Winston burglary with the other charges, the sufficiency of the evidence, and the admission of gruesome exhibits.

Joinder of Offenses

Franklin argues in his second proposition of law that joinder of the Winston aggravated burglary charge with the Strauss aggravated murder and aggravated burglary charges was improper under Evid.R. 403 and 404. The prosecution relies on Crim.R. 8(A).

The law favors joining multiple criminal offenses in a single trial under Crim.R. 8(A). State v. Lott (1990), 51 Ohio St.3d 160, 163, 555 N.E.2d 293, 298. Two or more offenses can be joined if they are of the same or similar character. State v. Torres (1981), 66 Ohio St.2d 340, 343, 20 O.O.3d 313, 314-315, 421 N.E.2d 1288, 1290. An accused may move to sever under Crim.R. 14 if he can establish prejudice to his rights. State v. Lott, 51 Ohio St.3d at 163, 555 N.E.2d at 298; State v. Wiles (1991), 59 Ohio St.3d 71, 76, 571 N.E.2d 97, 108. For the appellate court to reverse a trial court ruling that denies severance, the accused must show that the trial court abused its discretion. State v. Lott, 51 Ohio St.3d at 163, 555 N.E.2d at 298; State v. Torres, supra, at syllabus.

The prosecutor may counter the claim of prejudice in two ways. State v. Lott, 51 Ohio St.3d at 163, 555 N.E.2d at 298. The first is the “other acts” test, where the state can argue that it could have introduced evidence of one offense in the trial of the other, severed offense under the “other acts” portion of Evid.R. 404(B). Id.; see, also, Bradley v. United States (C.A.D.C.1969), 433 F.2d 1113, 1118-1119. The second is the “joinder” test, where the state is merely required to show that evidence of each of the crimes joined at trial is simple and direct. State v. Lott, supra; State v. Roberts (1980), 62 Ohio St.2d 170, 175, 16 O.O.3d 201, 204, 405 N.E.2d 247, 251; State v. Torres, 66 Ohio St.2d at 343-344, 20 O.O.3d at 315, 421 N.E.2d at 1291. If the state can meet the joinder test, it need not meet the stricter “other acts” test. Thus, an accused is not prejudiced by joinder when simple and direct evidence exists, regardless of the admissibility of evidence of other crimes under Evid.R. 404(B). State v. Lott, supra; State v. Roberts, supra; State v. Torres, supra.

[123]*123In this case, the evidence as to the Winston burglary was simple and direct. Winston knew Franklin casually, saw him looking at her from his apartment in a suspicious way and, as a result, named him as a suspect. The close proximity of Franklin’s dwelling and the placement of the garbage can pointed to Franklin. Franklin’s fingerprint on the picture frame was strong evidence of his guilt.

The fingerprint evidence made proof of the Strauss burglary-murder simple and direct also. No evidence was presented to explain how (other than from the burglary-murder) Franklin’s fingerprints could be present in the Strauss home. Testimony from two witnesses established that the champagne bottle had been moved during the burglary. The fingerprint experts unequivocally identified the print found on the bottle as Franklin’s. In addition, the testimony of fellow inmate Weaver points to Franklin as having taken the items from the Strauss home, and having killed Strauss.

The two crimes are of the same or similar character. Both involved burglaries of residences in the same neighborhood, and entry was secured by tearing or cutting a screen in a rear window. The items taken in both were of a similar character. It is unlikely that the jury would have confused the evidence proving the separate Winston and Strauss burglaries. Franklin has not attempted to argue that he would have defended either case differently if the charges had not been joined. The trial court instructed the jury on the limited use it could make of the evidence in the Winston burglary. Under these circumstances, the trial court did not err in joining the cases under Crim.R. 8(A). State v. Wiles, supra; State v. Lott, 51 Ohio St.3d at 163, 555 N.E.2d at 298-299.

Sufficiency of the Evidence

In his third proposition of law, Franklin argues that his convictions are contrary to the manifest weight of the evidence. In addition, Franklin argues that fingerprint evidence alone is insufficient to sustain a conviction.

When reviewing a criminal conviction, “ * * * [t]he relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. (Jackson v. Virginia [1979], 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, followed.)” State v. Jenks (1991), 61 Ohio St.3d 259, 574 N.E.2d 492, paragraph two of the syllabus. See, also, State v. Watson (1991), 61 Ohio St.3d 1, 12, 572 N.E.2d 97, 107; State v. DeHass (1967), 10 Ohio St.2d 230, 39 O.O.2d 366, 227 N.E.2d 212, paragraphs one and two of the syllabus.

[124]*124This court has held that “[fingerprints corresponding to those of the accused are sufficient proof of his identity to sustain his conviction, where the circumstances show that such prints, found at the scene of the crime, could only have been impressed at the time of the commission of the crime.” State v. Miller (1977), 49 Ohio St.2d 198, 3 O.O.3d 321, 361 N.E.2d 419, syllabus.

For both the Winston burglary and the Strauss burglary-murder, the testimony at trial was sufficient to support the jury’s findings of guilt.

In the Strauss burglary, there is no evidence that Franklin had any explained access to the Strauss residence. There was evidence that the champagne bottle was moved during the burglary. Karen Strain testified that it had been on the kitchen windowsill during the day before the burglary. Several police investigators testified, and the photographic evidence shows, that the bottle was in the guest bedroom the morning after the burglary. Testimony also indicated that the guest bedroom was the original location of the murder weapon. Franklin’s fingerprint on the bottle, in the context of the other evidence, is sufficient to sustain his conviction for the burglary and murder in the Strauss residence.

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Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 1, 62 Ohio St. 3d 118, 1991 Ohio LEXIS 2636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-franklin-ohio-1991.