State v. Gunnell

2012 Ohio 3236, 132 Ohio St. 3d 442
CourtOhio Supreme Court
DecidedJuly 19, 2012
Docket2010-1636
StatusPublished
Cited by42 cases

This text of 2012 Ohio 3236 (State v. Gunnell) 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. Gunnell, 2012 Ohio 3236, 132 Ohio St. 3d 442 (Ohio 2012).

Opinions

O’Connor, C.J.

{¶ 1} This case has been litigated on three separate occasions and, after each conviction, the Second District Court of Appeals has found reversible error. Most recently, the appellate court concluded that jeopardy had attached and that the guilty verdicts must be reversed. We are compelled to agree.

{¶ 2} For the reasons that follow, we hold that the trial judge erred during the second trial by improperly declaring a mistrial and that the Double Jeopardy Clause bars the retrial of the appellee, Toneisha Gunnell. Accordingly, the judgment of the court of appeals is affirmed to the extent it held that the Double Jeopardy Clause bars retrial.

Relevant Background

{¶ 3} On June 7, 2005, Toneisha Gunnell, Mahogany Patterson, Alicia McAlmont, and Renada Manns drove to the Upper Valley Mall in Springfield, Ohio, to steal clothing. Chris Clarkson, a loss-prevention agent employed by Macy’s department store, watched as Gunnell, McAlmont, and Patterson grabbed clothing from the racks and ran from the store to a waiting car driven by Manns. Although Clarkson chased them, Manns accelerated rapidly as they got into the car.

{¶ 4} John Deselem, a customer who witnessed the incident, stood in the lane of travel as the car sped toward him, waving his arms in an effort to stop the oncoming vehicle. It struck him without slowing down. The force of the impact sent him into the windshield and threw him over the car and onto the ground. He died at the scene from blunt-force injuries to his head. Although the impact had cracked the windshield, Manns drove out of the mall parking lot.

[443]*443{¶ 5} The Clark County Sheriffs Department located the car abandoned in a ditch a short distance from the mall, recovered the stolen clothing, and began efforts to apprehend the women. The next day, Gunnell, Patterson, McAlmont, and Manns turned themselves in to Columbus police.

{¶ 6} A Clark County grand jury indicted them on counts of murder, aggravated robbery, involuntary manslaughter, and theft, and, following a joint trial, a jury found each of them guilty of all charges.

{¶ 7} After the codefendants were indicted for murder, aggravated robbery, involuntary manslaughter, and theft, their initial convictions were reversed due to a Batson violation. State v. Manns, 169 Ohio App.3d 687, 2006-Ohio-5802, 864 N.E.2d 657 (2d Dist.); State v. McAlmont, 2d Dist. No. 2005 CA 130, 2006-Ohio-6838, 2006 WL 3759835; State v. Patterson, 2d Dist. No. 05CA0128, 2007-Ohio-29, 2007 WL 29391; State v. Gunnell, 2d Dist. No. 2005 CA 119, 2007-Ohio-2353, 2007 WL 1429683.

{¶ 8} On retrial, the case was submitted to the jury on October 1, 2007. During deliberations later that night, the jury asked the court to define the word “perverse” as it had been used in the jury instruction relating to the recklessness element of the aggravated-robbery charge. The court did not respond to the jury’s request. The jury eventually retired at 12:22 in the morning of October 2, 2007. Later that morning, when Juror No. 6 returned to court, she brought two pieces of paper, which were intercepted by the bailiff and shared with the court.

{¶ 9} The first piece of paper contained the following handwritten definition of the word “perverse”: “contrary to the manner or direction of the judge on a point of law <perverse verdict>.”

{¶ 10} The second piece of paper was a printout, which read:

Manslaughter: Involuntary
Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called “criminally negligent homicide”) is a crime in which the victim’s death is unintended.
For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.

[444]*444(Underlining sic.)

{¶ 11} In response to the juror’s possession of this information, the trial judge held a hearing, which began at 10:41 on the morning of October 2, 2007. At the start of the hearing, the parties were informed of the issue that had developed with Juror No. 6 and her outside research. The parties agreed that Crim.R. 24 prevented the court from seating an alternate juror because the jury had commenced deliberations. Subsequently, Juror No. 6 was brought before the court and parties, and the following exchange took place:

THE COURT: It’s come to our attention that you brought some items in with you this morning. One appears to be a handwritten definition of the term “perverse,” and another one appears to be something that maybe you printed off of the internet that—
JUROR NO. 6: Yes, I did.
THE COURT: A definition or instruction on “involuntary manslaughter.” That’s — these are things you brought in with you today?
JUROR NO. 6: That nobody saw them.
THE COURT: You’re the only one that saw them?
JUROR NO. 6: I told her that I didn’t know we weren’t allowed. I’m sorry.
THE COURT: Okay. Did you—
JUROR NO. 6: And I didn’t talk about it.
THE COURT: All right. Apparently you were doing some research last night or this morning on the internet or—
JUROR NO. 6: I just wanted to see — everybody kept asking what the word “perverse” was, and I just wanted to look it up for myself to see exactly what it meant.
THE COURT: Sure. Okay. What about the — what about the manslaughter issue? Was there something you were doing on the computer with respect to that?
JUROR NO. 6: No. It was just something I wanted — that was for me. I wasn’t going to show them that. I had the other — I had the definition. That was all that I was going to share.
THE COURT: Was there — was there something inadequate or something wrong with the Court’s instruction for “involuntary manslaughter” that you felt like you needed to supplement the instruction or what — was there something that wasn’t clear about the Court’s instruction on that?
[445]*445JUROR NO. 6: No. I was — I was at home. I was on the computer, and I just — I did not get much sleep last night, and I just — that was mainly for myself. I just wanted to have it clear in my own head.
THE COURT: Okay. Okay. Counsel have any questions for this particular juror?
MR. SCHUMAKER: None from the State, Your Honor.
MR. REED: No, Your Honor. Thank you.
MR. KAVANAGH: No, Your Honor.
MS. CUSHMAN: No.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ohio 3236, 132 Ohio St. 3d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gunnell-ohio-2012.