State v. Poindexter

520 N.E.2d 568, 36 Ohio St. 3d 1, 1988 Ohio LEXIS 69
CourtOhio Supreme Court
DecidedMarch 23, 1988
DocketNo. 87-243
StatusPublished
Cited by289 cases

This text of 520 N.E.2d 568 (State v. Poindexter) 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. Poindexter, 520 N.E.2d 568, 36 Ohio St. 3d 1, 1988 Ohio LEXIS 69 (Ohio 1988).

Opinions

Douglas, J.

This appeal presents this court with numerous issues concerning appellant’s convictions and the penalty of death which was subsequently imposed. For the reasons discussed infra, we affirm the judgment of the court of appeals in all respects and uphold appellant’s death sentence.

Initially, it should be noted that although R.C. Chapter 2929 requires this court to review capital cases in a certain manner, that chapter does not mandate that this court address and discuss, in opinion form, each and every proposition of law raised by the parties. While we recognize that certain issues of law must be raised to preserve a party’s right of appeal in federal court, we will not reconsider and discuss such issues at length in each case. We, therefore, hold that when issues of law in capital cases have been considered and decided by this court and are raised anew in a subsequent capital case, it is proper to summarily dispose of such issues in the subsequent case.

Appellant’s first two propositions of law challenge the trial court’s instruction to the jury that its recommendation of death would not be binding on the court, and that the final responsibility for the imposition of the death penalty rested with the court. Appellant cites Caldwell v. Mississippi (1985), 472 U.S. 320, for the proposition that such an instruction impermissibly reduces the jury’s sense of responsibility and increases the likelihood of a recommendation of death.

We considered and rejected this argument in State v. Buell (1986), 22 Ohio St. 3d 124, 143-144, 22 OBR 203, 219-220, 489 N.E. 2d 795, 811-812; State v. Williams (1986), 23 Ohio St. 3d 16, 21-22, 23 OBR 13, 18-19, 490 N.E. 2d 906, 912; State v. Rogers (1986) , 28 Ohio St. 3d 427, 28 OBR 480, 504 N.E. 2d 52; State v. Steffen (1987), 31 Ohio St. 3d 111, 113-114, 31 OBR 273, 275, 509 N.E. 2d 383, 387-388; and State v. Thompson (1987), 33 Ohio St. 3d 1, 6, 514 N.E. 2d 407, 413. We are not persuaded by appellant’s arguments to change our position.

Appellant argues in his third proposition of law that the use of the same [4]*4felony twice, to elevate the offense to aggravated murder and again to elevate it to capital aggravated murder, fails to narrow the class of offenders eligible for the death penalty. This court has rejected this argument. State v. Jenkins (1984), 15 Ohio St. 3d 164, 177-178, 15 OBR 311, 322-323, 473 N.E. 2d 264, 279-280. See State v. Buell, supra, at 141-142, 22 OBR at 218, 489 N.E. 2d at 810-811; State v. Barnes (1986), 25 Ohio St. 3d 203, 206-207, 25 OBR 266, 269, 495 N.E. 2d 922, 924-925; State v. Steffen, supra, at 114, 31 OBR at 275-276, 509 N.E. 2d at 388. For the reasons expressed in those decisions, we adhere to that position.

Appellant’s fifteenth and sixteenth propositions of law attack the constitutionality of Ohio’s death penalty statute and, additionally, assert that it is racially biased. We have determined these issues and have found the statute to be constitutional when measured against similar attacks. See State v. Jenkins, supra; State v. Maurer (1984), 15 Ohio St. 3d 239, 15 OBR 379, 473 N.E. 2d 768; State v. Buell, supra; State v. Steffen, supra; State v. Zuern (1987), 32 Ohio St. 3d 56, 512 N.E. 2d 585; State v. Byrd (1987), 32 Ohio St. 3d 79, 86, 512 N.E. 2d 611, 619. We decline to change our position and, therefore, find these propositions of law not well-taken.

In propositions of law thirteen and fourteen, appellant contends that proportionality review of capital cases must include a review of cases where an offender was eligible to receive, but did not receive, the death penalty. This court has, in State v. Steffen, supra, previously rejected this argument. See, also, State v. Byrd, supra, at 86, 512 N.E. 2d at 619; State v. Stumpf (1987), 32 Ohio St. 3d 95, 107, 512 N.E. 2d 598, 610; and State v. Post (1987), 32 Ohio St. 3d 380, 391-392, 513 N.E. 2d 754, 765. We decline to alter our current position.

In propositions of law seven and nine, appellant questions the sufficiency of the opinion and the conclusions of the trial court. We have thoroughly reviewed the record and find no evidence that the trial court’s conclusions were based, as appellant contends, on the conclusions of other courts. Further, we are convinced that the conditions set forth in R.C. 2929.03(F),3 State v. Maurer, supra, at paragraph three of the syllabus (cf. State v. Mapes [1985], 19 Ohio St. 3d 108, 19 OBR 318, 484 N.E. 2d 140; and State v. Martin [1985], 19 Ohio St. 3d 122, 19 OBR 330, 483 N.E. 2d 1157) have been complied with by the trial court in its decision. These propositions of law are not well-taken.

In propositions of law eight and twelve, appellant questions the trial court’s and court of appeals’ weighing of the mitigating factors against the aggravating circumstances. Pursuant to our duly to independently weigh the aggravating circumstances against the mitigating factors, we address these propositions infra.

Appellant also contends, in proposition of law ten, that the prosecutor impermissibly commented upon appellant’s silence. Appellant argues that the prosecutor’s comments that the evidence was “uncontradicted” and “unrebutted” amount to comments re[5]*5garding appellant’s silence. We have considered and rejected a similar argument in State v. Ferguson (1983), 5 Ohio St. 3d 160, 5 OBR 380, 450 N.E. 2d 265, paragraph one of the syllabus.4 We find that the comments herein were directed at the strength of the state’s case, and not to appellant’s silence. Additionally, the jury was specifically instructed by the trial court not to consider for any purpose appellant’s failure to testify. Accordingly, appellant’s tenth proposition of law is overruled.

Appellant additionally contends, in proposition of law five, that the prosecution incorrectly commented that appellant had been involved with the juvenile justice system on five prior occasions when, in fact, appellant had had no previous contact with the juvenile justice system. Further, notwithstanding the lack of a timely defense objection, appellant believes that such a comment is plain error and brings the validity of the death sentence into question. We disagree with both assertions.

We have reviewed the record and it is clear that the prosecutor had intended to state that appellant’s prior contacts were with the criminal justice system and not the juvenile justice system.5 Such a misstatement, while error, clearly does not rise to the level of plain error. See Crim. R. 52(B). See, also, State v. Long (1978), 53 Ohio St. 2d 91, 7 O.O. 3d 178, 372 N.E. 2d 804, paragraph three of the syllabus, and State v. Rahman (1986), 23 Ohio St. 3d 146, 153, 23 OBR 315, 321, 492 N.E. 2d 401, 408. Accordingly, proposition of law five is overruled.

In proposition of law eleven, appellant claims that the trial court erred by denying appellant’s challenge for cause of a member of the jury panel.

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Bluebook (online)
520 N.E.2d 568, 36 Ohio St. 3d 1, 1988 Ohio LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-poindexter-ohio-1988.