State v. Mason (Slip Opinion)

2018 Ohio 1462, 108 N.E.3d 56, 153 Ohio St. 3d 476
CourtOhio Supreme Court
DecidedApril 18, 2018
Docket2017-0200
StatusPublished
Cited by63 cases

This text of 2018 Ohio 1462 (State v. Mason (Slip Opinion)) 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. Mason (Slip Opinion), 2018 Ohio 1462, 108 N.E.3d 56, 153 Ohio St. 3d 476 (Ohio 2018).

Opinions

Fischer, J.

*59*477{¶ 1} At issue in this case is whether Ohio's death-penalty scheme violates the right to a trial by jury as guaranteed by the Sixth Amendment to the United States Constitution. The Marion County Court of Common Pleas found that it does, but the Third District Court of Appeals reversed the trial court's judgment. Because the Ohio scheme satisfies the Sixth Amendment, we affirm.

I. Facts and Procedural History

{¶ 2} A jury found that appellant, Maurice Mason, raped and murdered Robin Dennis in 1993. See State v. Mason , 82 Ohio St.3d 144, 148, 694 N.E.2d 932 (1998). The jury found Mason guilty of aggravated murder with a felony-murder capital specification, rape, and having a gun while under disability. The jury recommended a death sentence, and the trial court sentenced him to death. The Third District Court of Appeals and this court affirmed the convictions and sentence. State v. Mason , 3d Dist. Marion No. 9-94-45, 1996 WL 715480 (Dec. 9, 1996) ; Mason , 82 Ohio St.3d 144, 694 N.E.2d 932.

{¶ 3} In 2008, after finding that Mason's trial counsel had provided ineffective assistance, the United States Court of Appeals for the Sixth Circuit granted a conditional writ of habeas corpus and remanded the case to the trial court for a new penalty-phase trial. Mason v. Mitchell , 543 F.3d 766, 768 (6th Cir.2008). On remand, Mason moved the trial court to dismiss the capital specification from his indictment, arguing that Ohio's death-penalty scheme violates the Sixth Amendment right to trial by jury. He relied on the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616, 624, 193 L.Ed.2d 504 (2016), which invalidated Florida's former capital-sentencing scheme because it "required the judge alone to find the existence of an aggravating circumstance." The trial court granted Mason's motion, and the state appealed to the Third District Court of Appeals, which reversed the judgment and remanded the case.

{¶ 4} On appeal here, Mason argues that Ohio's death-penalty scheme is unconstitutional under Hurst .

II. Analysis

A. Standard of Review

{¶ 5} We must presume that the death-penalty scheme enacted by the General Assembly is constitutional. R.C. 1.47. To prevail on his facial challenge, Mason must establish "beyond a reasonable doubt that the legislation and constitutional *478provisions are clearly incompatible." State ex rel. Dickman v. Defenbacher , 164 Ohio St. 142, 128 N.E.2d 59 (1955), paragraph one of the syllabus. Thus, "doubts regarding the validity of a legislative enactment are to be resolved in favor of the statute." State v. Gill , 63 Ohio St.3d 53, 55, 584 N.E.2d 1200 (1992).

B. Ohio's Death-Penalty Scheme

{¶ 6} R.C. 2929.03 and 2929.04 establish what is required for a death sentence to be imposed in Ohio when the defendant elects to be tried by a jury. The essential steps outlined below are required under current law and were required under the versions of R.C. 2929.03 and 2929.04 in effect when Dennis was killed in 1993. See Am.Sub.S.B. No. 1, 139 Ohio Laws, Part I, 1, 9-17. Although the Ohio General Assembly has since amended R.C. 2929.03 and 2929.04, because the changes to the wording at issue in this appeal were not substantive, the amendments do not affect the analysis in this case.

{¶ 7} First, to face the possibility of a death sentence, a defendant must be charged in an indictment with aggravated murder and at least one specification of an *60aggravating circumstance. R.C. 2929.03(A) and (B). The state charged Mason with aggravated murder under R.C. 2903.01(B) and an aggravating circumstance (committing aggravated murder while committing rape) under R.C. 2929.04(A)(7).

{¶ 8} Second, the jury verdict must state that the defendant is found guilty of aggravated murder and must state separately that he is guilty of at least one charged specification. R.C. 2929.03(B). The state must prove guilt of the principal charge and of any specification beyond a reasonable doubt. Id. ; R.C. 2929.04(A). The jury found Mason guilty of aggravated murder and the charged aggravating circumstance.

{¶ 9} Third, once the jury finds the defendant guilty of aggravated murder and at least one specification, he will be sentenced either to death or to life imprisonment. R.C. 2929.03(C)(2). When the defendant is tried by a jury, the penalty "shall be determined * * * [b]y the trial jury and the trial judge." R.C. 2929.03(C)(2)(b).

{¶ 10} Fourth, in the sentencing phase, the court and trial jury shall consider (1) any presentence-investigation or mental-examination report (if the defendant requested an investigation or examination), (2) the trial evidence relevant to the aggravating circumstances the offender was found guilty of committing and relevant to mitigating factors, (3) additional testimony and evidence relevant to the nature and circumstances of the aggravating circumstances and any mitigating factors, (4) any statement of the offender, and (5) the arguments of counsel. R.C. 2929.03(D)(1). In this proceeding, the state must prove beyond a reasonable doubt that "the aggravating circumstances the defendant was found guilty of *479committing are sufficient to outweigh the factors in mitigation of the imposition of the sentence of death."

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brandt v. Pompa
2022 Ohio 4525 (Ohio Supreme Court, 2022)
State v. Rose
2022 Ohio 3529 (Ohio Court of Appeals, 2022)
State v. Whitaker
2022 Ohio 2840 (Ohio Supreme Court, 2022)
State v. Brinkman
2022 Ohio 2550 (Ohio Supreme Court, 2022)
State v. Trimble
2022 Ohio 1906 (Ohio Court of Appeals, 2022)
State v. McAlpin
2022 Ohio 1567 (Ohio Supreme Court, 2022)
State v. Delvallie
2022 Ohio 470 (Ohio Court of Appeals, 2022)
State v. Lynch
2021 Ohio 4094 (Ohio Court of Appeals, 2021)
State v. Worley (Slip Opinion)
2021 Ohio 2207 (Ohio Supreme Court, 2021)
State v. Gamble
2021 Ohio 1810 (Ohio Court of Appeals, 2021)
State v. Simmons
2021 Ohio 939 (Ohio Court of Appeals, 2021)
State v. Myers
2021 Ohio 631 (Ohio Court of Appeals, 2021)
State v. Graham (Slip Opinion)
2020 Ohio 6700 (Ohio Supreme Court, 2020)
State v. Grate (Slip Opinion)
2020 Ohio 5584 (Ohio Supreme Court, 2020)
State v. Short
2020 Ohio 5034 (Ohio Court of Appeals, 2020)
State v. Froman (Slip Opinion)
2020 Ohio 4523 (Ohio Supreme Court, 2020)
State v. Jalowiec
2020 Ohio 4177 (Ohio Court of Appeals, 2020)
State v. Hundley (Slip Opinion)
2020 Ohio 3775 (Ohio Supreme Court, 2020)
State v. Chinn
2020 Ohio 43 (Ohio Court of Appeals, 2020)
State v. Ford (Slip Opinion)
2019 Ohio 4539 (Ohio Supreme Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2018 Ohio 1462, 108 N.E.3d 56, 153 Ohio St. 3d 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-slip-opinion-ohio-2018.