State v. Goodwin

703 N.E.2d 1251, 84 Ohio St. 3d 331
CourtOhio Supreme Court
DecidedJanuary 20, 1999
DocketNo. 97-1187
StatusPublished
Cited by239 cases

This text of 703 N.E.2d 1251 (State v. Goodwin) 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. Goodwin, 703 N.E.2d 1251, 84 Ohio St. 3d 331 (Ohio 1999).

Opinions

Alice Robie Resnick, J.

Goodwin has raised fifteen propositions of law for our consideration. We have independently reviewed the record, weighed the aggravating circumstance against the mitigating factors, and examined the proportionality of the sentence of death imposed in this case. For the reasons that follow, we affirm Goodwin’s convictions for aggravated felony-murder, aggravated murder with prior calculation and design, aggravated robbery, and possession of a firearm while under disability. We further affirm his sentencing, including the sentence of death.

I

Ineffective Assistance of Counsel

In his first, third, and sixth propositions of law, Goodwin asserts that his counsel at trial were ineffective. To prevail on a claim of ineffective assistance of counsel, a defendant must show, first, that “counsel’s performance was deficient” and, second, that “the deficient performance prejudiced the defense'. * * * [C]ounsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693. A Sixth Amendment violation does not occur “unless and until counsel’s performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel’s performance.” State v. Bradley (1989), 42 Ohio St.3d 136, 142, 538 N.E.2d 373, 380. To establish prejudice, a defendant must show that “there exists a reasonable probability that, were it not for counsel’s errors, the result of trial would have been different.” Id. at paragraph three of the syllabus.

In his sixth proposition of law, Goodwin contends that counsel were ineffective for failing to adequately question jurors about their views on mitigating factors or on the death penalty. During voir dire, counsel asked no questions of nine jurors to determine their death penalty views.

[335]*335We have determined previously that failure to inquire about various mitigating factors during voir dire does not constitute ineffective assistance of counsel. State v. Goff (1998), 82 Ohio St.3d 123, 140, 694 N.E.2d 916, 929. Asking jurors their views on mitigation is “not essential to competent representation.” State v. Phillips (1995), 74 Ohio St.3d 72, 86, 656 N.E.2d 643, 659. Additionally, there is no requirement that counsel must individually question each juror about his or her views on the death penalty. State v. Evans (1992), 63 Ohio St.3d 231, 247, 586 N.E.2d 1042, 1056.

A review of the record indicates that defense counsel exercised their discretionary judgment. Counsel engaged in questioning of several prospective jurors when those jurors expressed some reservations about the death penalty. Counsel also sought to rehabilitate jurors through questioning. The decisions by counsel not to question jurors further was merely an exercise of their discretionary judgment. “[T]rial counsel stands in the better position to determine which members of the venire merit in-depth examination.” State v. Phillips at 86, 656 N.E.2d at 659. As such, the conduct of voir dire by defense counsel fell within their range of professional judgment. There is nothing that indicates either deficient performance by counsel or prejudice to the defendant. Accordingly, Goodwin has not demonstrated that his counsel were ineffective in their representation during voir dire. Therefore, we conclude that his sixth proposition of law has no merit.

In his first proposition of law, Goodwin asserts that his defense counsel were ineffective during the penalty phase of the trial. Specifically, Goodwin claims that his attorneys failed to ask for a psychological evaluation, did not argue age as a mitigating factor, and failed to present any evidence at the mitigation hearing.

We reject Goodwin’s contention that counsel were ineffective for failing to ask for a psychological evaluation. Nothing in the record establishes that a psychological evaluation would have led to credible, mitigating evidence. Defense counsel told the jury that “there is nothing psychiatrieally wrong” with Goodwin. Accordingly, counsel’s decision not to request a psychological evaluation was in all respects reasonable.

We also conclude that counsel’s strategy during the penalty phase was objectively reasonable, and, therefore, Goodwin’s complaints about the paucity of mitigation evidence presented and counsel’s failure to argue age as a mitigating factor are meritless. The trial court instructed the jury to consider Goodwin’s age as a mitigating factor. In view of such an instruction, there can be no reasonable probability that had counsel argued age as a mitigating factor, the outcome of the trial would have been different.

[336]*336Further, counsel made a deliberate, tactical choice to limit arguments presented in mitigation and instead adopted a strategy of attempting to create a reasonable doubt as to whether Goodwin was the actual killer. Defense counsel stated, on the record, that he wanted to avoid the risk of permitting the state to present evidence that the defendant had committed five prior aggravated robberies. Counsel felt that given that risk, a strategy of presenting evidence of Goodwin’s character, potential for rehabilitation, or other evidence was not the best course of action to pursue in trying to spare his client a sentence of death. Rather, counsel chose to rely upon the disparity of sentences received by the three robbers, and upon reasonable doubt (couched in terms of “residual doubt”) as to whether Goodwin was the shooter. Although we have since determined that residual doubt is not to be considered in mitigation, State v. McGuire (1997), 80 Ohio St.3d 390, 686 N.E.2d 1112, at the time of this trial, the strategy employed by counsel was objectively reasonable. Moreover, the trial court did not discuss residual doubt in its opinion, but found that the evidence established that Goodwin was the shooter beyond a reasonable doubt. There was no evidence supporting residual doubt, and therefore ineffective assistance of counsel could not be based on this theory.

The choices available to counsel were limited, but counsel’s performance did not constitute ineffective assistance of counsel. “Failure to present mitigating evidence * * * does not in itself constitute proof of ineffective assistance of counsel.” State v. Hamblin (1988), 37 Ohio St.3d 153, 157, 524 N.E.2d 476, 480; see, also, State v. Post (1987), 32 Ohio St.3d 380, 388, 513 N.E.2d 754, 763. Accordingly, we conclude that Goodwin’s first proposition of law has no merit.

The third proposition of law presents a more difficult assertion of ineffective assistance. Goodwin asserts that counsel conceded guilt during the trial phase, thereby rendering their representation of Goodwin ineffective. During his opening statement, defense counsel for Goodwin stated to the jury:

‘You shouldn’t let him go, and * * * [after] we get into it, and you’ve heard the evidence, I’m going to suggest * * * that you should and you ought to * * *, let’s go a little bit stronger than that, say that you must find him guilty.” (Emphasis added.)

Counsel reiterated this view in closing argument, stating:

“If it were not for the law of aiding and abetting, * * * then I would argue vehemently to you that while he was a robber, he was not a killer.

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Cite This Page — Counsel Stack

Bluebook (online)
703 N.E.2d 1251, 84 Ohio St. 3d 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodwin-ohio-1999.