State v. Mack

653 N.E.2d 329, 73 Ohio St. 3d 502
Ohio Supreme Court·Decided August 30, 1995·No. No. 94-483·Published·Cited by 119 cases

Opinions

Pfeifer, J.

Appellant presents a number of issues for our consideration. (See Appendix, infra.) We have carefully considered each of appellant’s propositions of law, independently weighed the aggravating circumstances against the evidence presented in mitigation, and reviewed the death penalty for appropriateness and proportionality. For the reasons that follow, we affirm the judgment of the court of appeals and uphold appellant’s death sentence.

I

R.C. 2929.05 requires this court to review capital cases in a certain manner. However, as we have held on a number of previous occasions, R.C. 2929.05 does not require this court to address and discuss, in opinion form, each and every proposition of law raised by the parties. See, e.g., State v. Poindexter (1988), 36 Ohio St.3d 1, 520 N.E.2d 568, syllabus; State v. Bonnell (1991), 61 Ohio St.3d 179, 181, 573 N.E.2d 1082, 1085; State v. Hawkins (1993), 66 Ohio St.3d 339, 342, 612 N.E.2d 1227, 1230; and State v. Scudder (1994), 71 Ohio St.3d 263, 267, 643 N.E.2d 524, 528. We adhere to that position today. Upon a careful review of the record and the governing law, we fail to detect any errors that would undermine our confidence in the integrity and reliability of the trial court’s findings. We address, in opinion form, only those issues that warrant some discussion.

II

In his second proposition of law, appellant contends that where a particularized need is demonstrated by the defense for the examination of grand jury testimony, [508] the failure of the trial court to provide defense counsel with the testimony deprives a defendant of a fair trial.

Appellant claims that he needed the grand jury transcript to examine the testimony of Timothy Willis, who the defense claims fabricated his story to conceal his own involvement in Peter Sanelli’s murder, and that those grounds constituted a particularized need. We disagree.

Crim.R. 6(E) controls the disclosure of grand jury testimony. Matters occurring before a grand jury may be disclosed “when permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury.” Id.

In State v. Laskey (1970), 21 Ohio St.2d 187, 50 O.O.2d 432, 257 N.E.2d 65, this court set forth the standard for considering such a request. “ * * * Generally, proceedings before a grand jury are secret and an accused is not entitled to inspect grand jury minutes before trial [or at trial] * * *. This rule is relaxed only when the ends of justice require it, such as when the defense shows that a particularized need exists for the minutes which outweighs the policy of secrecy.” Id. at 191, 50 O.O.2d at 434, 257 N.E.2d at 68.

In State v. Greer (1981), 66 Ohio St.2d 139, 20 O.O.3d 157, 420 N.E.2d 982, this court expounded upon this rule, stating:

“Whether particularized need for disclosure of grand jury testimony is shown is a question of fact; but, generally, it is shown where from a consideration of all the surrounding circumstances it is probable that the failure to disclose the testimony will deprive the defendant of a fair adjudication of the allegations placed in issue by the witness’ trial testimony.” Id. at paragraph three of the syllabus.

In State v. Brown (1988), 38 Ohio St.3d 305, 308, 528 N.E.2d 523, 530, this court held that a trial court did not abuse its discretion when it overruled a motion to inspect grand jury testimony where the alleged particularized need was that the transcript would indicate whether the indictment was properly issued.

In this case, the record reveals no abuse of discretion on the part of the trial court in its denial of appellant’s request to review the grand jury testimony. The appellant failed to demonstrate a particularized need to inspect the grand jury testimony. His bald assertion on appeal that he needed to examine the testimony of an adverse witness for inconsistencies failed to set forth a particularized need.

When a defendant “speculates that the grand jury testimony might have contained material evidence or might have aided his cross-examination * * * by-revealing contradictions,” the trial court does not abuse its discretion by finding the defendant had not shown a particularized need. State v. Webb (1994), 70 Ohio St.3d 325. 337. 638 N.E.2d 1023. 1034.

[509] In the present case, we have reviewed the record as a whole and are convinced that the trial court did not abuse its discretion in denying appellant’s request to review grand jury testimony. Accordingly, we reject appellant’s second proposition of law.

Ill

Appellant’s fourth and fifth propositions of law claim that the trial court abused its discretion when it dismissed for cause potential jurors who expressed reservations on recommending the death penalty and when it denied motions to remove potential jurors for cause who favored the death penalty. Neither of these propositions is supported by the record.

Appellant argues that the trial court failed to allow an impartial jury to hear the case by overruling appellant’s motions for dismissal for cause of prospective jurors Leib, Jurecki, and Frankel, who were allegedly predisposed towards the death penalty, and by sustaining the state’s motions for dismissal of prospective jurors Spelic and Davis, who stated they could not vote for the death penalty.

In order for a defendant to be properly convicted of a crime, a guilty verdict must be returned by a fair and impartial jury composed of a fair and representative cross-section of the community as mandated by the Sixth Amendment of the United States Constitution and Section 10, Article I, Ohio Constitution. This court in State v. Tyler (1990), 50 Ohio St.3d 24, 553 N.E.2d 576, stated that a prospective juror must be willing to follow the applicable law as given by the trial judge in the jury instructions. “ ‘[A] juror may not be challenged for cause based on his views about capital punishment unless those views would prevent or substantially impair the performance of his duties as juror in accordance with his instructions and his oath.’ ” Id. at 30, 553 N.E.2d at 586, quoting Adams v. Texas (1980), 448 U.S. 38, 45, 100 S.Ct. 2521, 2526, 65 L.Ed.2d 581, 585. Improperly conducted voir dire may constitute reversible error only upon a showing of abuse of discretion by the trial court. State v. Rogers (1985), 17 Ohio St.3d 174, 179, 17 OBR 414, 418, 478 N.E.2d 984, 990.

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State v. Mack, 653 N.E.2d 329, 73 Ohio St. 3d 502 (Ohio 1995).

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