State v. Jackson

110 N.E.3d 148, 2018 Ohio 1306
Court of Appeals of Ohio, Eighth District, Cuyahoga County·Decided April 5, 2018·No. No. 105997·Published·Cited by 2 cases

Opinion

TIM McCORMACK, J.:

{¶ 1} Plaintiff-appellant, the state of Ohio ("the state") appeals from the trial court's dismissal with prejudice of its case against defendant-appellee Rufus Jackson ("Jackson"). For the reasons that follow, we affirm.

Procedural and Substantive History

{¶ 2} This case arises out of an incident that occurred on March 3, 2006. On that *149date, Jackson shot Roy Moorer multiple times in the chest and left arm. As a result, Moorer was paralyzed from the waist down.

{¶ 3} On March 15, 2006, Jackson was indicted on two counts of felonious assault, both with one- and three-year firearm specifications, in Cuyahoga C.P. No. CR-06-478104-A.

{¶ 4} While Jackson was in jail pending resolution of that case, he was indicted in Cuyahoga C.P. No. CR-06-480135-A for assault on a peace officer and vandalism for an incident that had occurred in the Cuyahoga County Jail.

{¶ 5} Jackson initially pleaded not guilty to all charges. Subsequent negotiations resulted in a plea agreement that resolved both cases. On June 22, 2006, Jackson pleaded guilty to one count of felonious assault, together with the three-year firearm specification in CR-06-478104-A, as well as to an amended count of attempted assault in CR-06-480135-A. The remaining counts in both cases were dismissed.

{¶ 6} On July 13, 2006, the trial court sentenced Jackson to eight years on the felonious assault count, to be served consecutively to three years for the gun specification. The court also sentenced Jackson to a consecutive six-month term for attempted assault.

{¶ 7} On February 8, 2016, Moorer died. The autopsy report listed his cause of death as "acute bronchopneumonia" due to "decubitus ulcers with osteomyelitis and sepsis," "paraplegia with neurogenic bladder and end stage renal disease," and "multiple gunshot wounds of the trunk and left arm with spinal injuries."

{¶ 8} On June 7, 2016, a grand jury indicted Jackson in the underlying case, Cuyahoga C.P. No. CR-16-605802-A, on two counts of murder for Moorer's death, each with one- and three-year firearm specifications.

{¶ 9} On May 25, 2017, Jackson filed a motion to dismiss the indictment pursuant to State v. Carpenter , in which the Ohio Supreme Court held that when the state accepts a negotiated guilty plea to one offense, and the victim later dies due to injuries sustained from that offense, it cannot prosecute the defendant for murder unless it expressly reserved the right to do so. State v. Carpenter , 68 Ohio St.3d 59, 623 N.E.2d 66 (1993). The state filed a brief in opposition.

{¶ 10} On June 25, 2017, the trial court held a hearing on Jackson's motion to dismiss. The trial court granted Jackson's motion and dismissed the case with prejudice.

{¶ 11} The state timely appealed the dismissal, presenting three assignments of error for our review.

Law and Analysis

Assignment of Error No. 1

{¶ 12} In its first assignment of error, the state argues that the trial court erred in dismissing the indictment against Jackson. Specifically, the state argues that the trial court read an implied term of immunity from future prosecution into the 2006 plea agreement, despite an express disclaimer of any additional terms not stated on the record. The state alleges that the trial court further erred by placing the burden on the state to prove that Jackson did not subjectively believe this implied term to be part of the agreement. The state is essentially relying on contract principles to argue that the Ohio Supreme Court's holding in Carpenter was incorrect.

{¶ 13} Carpenter is premised on the idea that plea agreements are "an essential and necessary part of the administration *150of justice." Carpenter , 68 Ohio St.3d 59, 623 N.E.2d 66, citing Santobello v. New York , 404 U.S. 257, 261, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). "The holding in Carpenter is essentially a synthesis of contract and criminal law in a particular factual setting." State v. Zima , 102 Ohio St.3d 61, 2004-Ohio-1807, 806 N.E.2d 542, ¶ 11. Plea bargains are contractual in nature and thus "subject to contract-law standards." State v. Dye , 127 Ohio St.3d 357, 2010-Ohio-5728, 939 N.E.2d 1217, citing Baker v. United States , 781 F.2d 85, 90 (6th Cir. 1986). Beyond their basis in contract law, though, plea agreements exist in a criminal context. Therefore, the plea phase of the criminal process " 'must be attended by safeguards to insure the defendant what is reasonably due in the circumstances.' " Carpenter at 60, 623 N.E.2d 66 quoting Santobello at 262, 92 S.Ct. 495.

{¶ 14} The state argues that because the 2006 plea agreement did not contain any terms containing an explicit reference to future prosecutions for the March 3, 2006 shooting, the trial court violated contract principles by reading an implied term of immunity into the plea agreement. However well-founded in contract law this argument may be, it is at odds with the Supreme Court's holding in Carpenter .

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State v. Jackson, 110 N.E.3d 148, 2018 Ohio 1306 (Ohio Super. Ct. 2018).

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