State v. McGuire

686 N.E.2d 1112, 80 Ohio St. 3d 390
CourtOhio Supreme Court
DecidedDecember 10, 1997
DocketNo. 96-1213
StatusPublished
Cited by352 cases

This text of 686 N.E.2d 1112 (State v. McGuire) 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. McGuire, 686 N.E.2d 1112, 80 Ohio St. 3d 390 (Ohio 1997).

Opinions

Francis E. Sweeney, Sr., J.

Appellant has raised eighteen propositions of law for our consideration, which we have fully reviewed according to R.C. 2929.05(A). (See Appendix.) However, pursuant to State v. Poindexter (1988), 36 Ohio St.3d 1, 520 N.E.2d 568, and subsequent cases, we summarily reject, without discussing, the merits of a number of appellant’s propositions of law, as they involve settled issues. (Propositions of Law Three, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, and Eighteen.) Propositions of Law Two and Seven are waived. We have also independently assessed the evidence relating to the death sentence, balanced the aggravating circumstances against the mitigating factors, and reviewed the proportionality of the sentence to the sentences imposed in similar cases. As a result, we affirm the judgment of the court of appeals and uphold the sentence of death.

PENALTY PHASE ERRORS

In his fifth proposition of law, appellant raises a myriad of alleged errors on the part of the prosecution, the trial court, and the court of appeals. Only those issues that are properly preserved and which merit discussion -will be addressed.

[395]*395McGuire argues that a number of statements made by the prosecution during the penalty phase prejudiced his right to due process. Specifically he points to the prosecutor’s and trial court’s comments that McGuire’s failure to admit the crime demonstrated the appellant’s inability to be rehabilitated. Appellant relies on State v. Tyler (1990), 50 Ohio St.3d 24, 41, 553 N.E.2d 576, 596, for the proposition that a comment by the state on the defendant’s lack of remorse at sentencing is improper.

Tyler, however, does not hold that the state cannot comment on the lack of remorse whenever the defendant denies guilt. Rather, it holds that the state cannot refute potential mitigating factors that the defense has not first placed in issue. Id., citing State v. DePew (1988), 38 Ohio St.3d 275, 289, 528 N.E.2d 542, 557-558. In this case, McGuire specifically asserted his potential for rehabilitation as a mitigating factor, and the state was entitled to rebut that factor by arguing that McGuire’s denial of guilt was inconsistent with a potential for rehabilitation.

McGuire also asserts that the court of appeals erred because it failed to consider the testimony of Mary Beedy, who testified concerning McGuire’s disciplinary record in prison. Her testimony was not mentioned in the court of appeals’ opinion. However, McGuire “erroneously assumes that evidence that is not specifically mentioned in an opinion was not considered.” State v. Phillips (1995), 74 Ohio St.3d 72, 102, 656 N.E.2d 643, 669-670. A court of appeals is not required to explain its reasons in finding that the aggravating circumstances outweigh the mitigating factors. R.C. 2929.05(A). Moreover, our independent review cures any error. State v. Hill (1996), 75 Ohio St.3d 195, 211, 661 N.E.2d 1068,1083. Appellant’s fifth proposition of law is overruled.

EVIDENTIARY ISSUES

McGuire alleges in Proposition of Law Six that the state introduced gruesome and cumulative photographs of the victim’s body that were irrelevant and prejudicial to appellant. In State v. Maurer (1984), 15 Ohio St.3d 239, 266, 15 OBR 379, 402, 473 N.E.2d 768, 792, we held that photographs of the body or crime scene were admissible if relevant and the danger of material prejudice to a defendant was outweighed by their probative value. Furthermore, the photographs must not be repetitive or cumulative. A trial court’s decision to admit photographs of the victim’s injuries will be upheld absent an abuse of discretion. State v. Slagle (1992), 65 Ohio St.3d 597, 602, 605 N.E.2d 916, 923.

In this case, none of the eleven photographs admitted was so gruesome that the danger of prejudice outweighed their probative value. The photographs were relevant in depicting the crime scene and illustrative of the coroner’s autopsy report. Certain photographs which showed the incision in the victim’s neck [396]*396opened up during the autopsy and which showed a metal probe protruding from the severed artery were not misleading and were probative, since they illustrated the manner in which the wound was inflicted. State v. Murphy (1992), 65 Ohio St.3d 554, 579, 605 N.E.2d 884, 904-905. Several of the photographs may have been repetitive. However, we find that any error in admitting repetitive photographs was harmless.

Appellant also alleges that it was error for the court to submit Detective Swihart’s taped interview with McGuire to the jury during its deliberations. McGuire claims that the interview, which was played during trial, was overly emphasized when the court allowed the tape into the jury room.

However, there is no error in allowing the jury to view or hear for a second time an exhibit properly admitted into evidence. State v. Loza (1994), 71 Ohio St.3d 61, 79-80, 641 N.E.2d 1082, 1103; State v. Clark (1988), 38 Ohio St.3d 252, 257, 527 N.E.2d 844, 851. Sending properly admitted evidence into jury deliberations rests within the sound discretion of the trial judge. Id. In this case, the judge did not abuse his discretion in allowing the jury access to the taped interview. Therefore, appellant’s sixth proposition of law is meritless.

SUFFICIENCY OF EVIDENCE

In Proposition of Law Nine, the appellant argues that the state failed to introduce sufficient evidence to prove all the elements of rape and felony murder beyond a reasonable doubt.

When a defendant challenges the sufficiency of evidence, we determine “whether, after viewing the evidence in a light most favorable to' the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks (1991), 61 Ohio St.3d 259, 574 N.E.2d 492, paragraph two of the syllabus, following Jackson v. Virginia (1979), 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560. After reviewing the evidence in this case, we find it sufficient to support appellant’s convictions.

McGuire’s statements to the police tended to show guilt. He had detailed knowledge of the crime, correctly stating how Joy was raped, the way she was stabbed, where the crime took place, and where the knife was hidden. McGuire explained that these details came from what Jerry Richardson had told him the day after the murder, and that McGuire still remembered the details ten months later when he decided to talk to the police. However, the state’s DNA expert testified that Richardson could not be the sole source of sperm.

The DNA evidence was consistent with McGuire’s guilt, since his DNA possessed characteristics similar to the DNA of sperm found on the victim’s body. The DNA did not conclusively eliminate Richardson or Kenny Stewart, but they [397]*397were possible sperm sources only if there was more than one source.

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Cite This Page — Counsel Stack

Bluebook (online)
686 N.E.2d 1112, 80 Ohio St. 3d 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcguire-ohio-1997.