State v. Slagle

605 N.E.2d 916, 65 Ohio St. 3d 597, 1992 Ohio LEXIS 3228
CourtOhio Supreme Court
DecidedDecember 31, 1992
DocketNo. 90-1815
StatusPublished
Cited by574 cases

This text of 605 N.E.2d 916 (State v. Slagle) 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. Slagle, 605 N.E.2d 916, 65 Ohio St. 3d 597, 1992 Ohio LEXIS 3228 (Ohio 1992).

Opinions

Holmes, J.

Billy Joe Slagle appeals his convictions and sentence of death. We have independently balanced the aggravating circumstances against the mitigating factors. For the reasons that follow, we affirm.

I

We first consider whether reversible error occurred during the guilt phase of appellant’s trial. He asserts thirteen propositions of law relating to this phase.

A

Appellant first asserts that his Fifth Amendment rights were violated when he was questioned at the city jail approximately six hours after his arrest. He asserts that he was intoxicated and was unable to knowingly, intelligently and voluntarily waive his rights to remain silent and to obtain legal counsel.

[600]*600The trial court held a hearing to consider Slagle’s pretrial motion to suppress statements he made to the police. After his arrest Slagle made two statements: one at the time of his arrest, a second approximately six hours later at the city jail. The trial court suppressed the first statement; that ruling has not been challenged. As to the second statement, the court heard evidence that Detective McKibben interviewed Slagle at approximately 10:00 a.m. at the jail and fully advised him of his constitutional rights. According to McKibben, Slagle was alert, agreed to waive his rights, answered questions, and did not ask for an attorney. At the suppression hearing, Slagle testified that he had consumed alcohol and marijuana and that he only faintly remembered being arrested. He said that he remembered neither the questions he was asked, nor being advised of his rights. After hearing this evidence, the trial court declined to suppress the statements Slagle made at the city jail to Detective McKibben.

Whether a confession is involuntary depends upon “the totality of the circumstances, including the age, mentality, and prior criminal experience of the accused; the length, intensity, and frequency of interrogation; the existence of physical deprivation or mistreatment; and the existence of threat or inducement.” State v. Edwards (1976), 49 Ohio St.2d 31, 3 O.O.3d 18, 358 N.E.2d 1051, paragraph two of the syllabus. At a suppression hearing, the strength of the evidence and the credibility of the witnesses are to be determined by the trial court.

The evidence presented to the trial court supports its decision to allow appellant’s voluntary confession into evidence. A review of such evidence fully supports the trial court’s finding, indicating, as it does, that appellant was neither intoxicated nor impaired. Appellant’s first proposition of law lacks merit.

B

In his second proposition of law, appellant argues that he was unconstitutionally denied a fair and impartial jury because the state exercised its peremptory challenges so as to exclude prospective jurors opposed to the death penalty. We have held that the state may exercise its peremptory challenges to remove jurors who oppose the death penalty. See State v. Seiber (1990), 56 Ohio St.3d 4, 13, 564 N.E.2d 408, 419 (citing Lockhart v. McCree [1986], 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137, which held that removing prospective jurors because they oppose the death penalty does not violate the federal Constitution). Therefore, appellant’s second proposition of law is without merit. See, also, State v. Poindexter (1988), 36 Ohio St.3d 1, 520 N.E.2d 568, syllabus (issues of law that have been decided by this court in [601]*601prior capital cases need not be reconsidered every time they are raised in a capital case).

C

In his third proposition of law, appellant argues that the trial judge violated R.C. 2929.03(B). R.C. 2929.03(B) provides that, in a capital case, the trial court’s instructions to the jury “ * * * shall not mention the penalty which may be the consequence of a guilty or not guilty verdict on any charge or specification.”

During the individual voir dire of those jurors not immediately excused, the trial judge gave this, or a similar, instruction:

“Then if the defendant is found guilty of the charge of aggravated murder and of any one of the aggravating specifications, felony murder specifications, that is, the rape, the aggravated robbery or the aggravated burglary, by evidence beyond a reasonable doubt, the case will proceed to the penalty phase.”

Appellant argues that this instruction caused the jurors to know “that in order for the death penalty to be levied against Mr. Slagle, they would have to find him guilty of the specification.” We do not see how this instruction informed the jurors of the particular penalty which could be the consequence of a particular verdict. A similar argument was rejected in State v. Jester (1987), 32 Ohio St.3d 147, 154, 512 N.E.2d 962, 970. Appellant’s third proposition of law is without merit.

D

In his fourth proposition of law, appellant argues that the trial court erred by admitting certain photographs into evidence. He asserts that photographs of Mari Anne Pope’s body at the morgue, numerous photographs of the injuries Pope suffered, and photographs of himself in handcuffs after his arrest had little probative value, but were gruesome and highly prejudicial. The state argues that the photographs were admissible because they illustrated testimony and were probative of Slagle’s intent to kill.

Under Evid.R. 403 and 611(A), the admission of photographs is left to the sound discretion of the trial court. State v. Landrum (1990), 53 Ohio St.3d 107, 121, 559 N.E.2d 710, 726; State v. Maurer (1984), 15 Ohio St.3d 239, 264, 15 OBR 379, 401, 473 N.E.2d 768, 791. The trial court may admit photographs in capital cases, even if the photographs are gruesome, as long as the probative value of such photographs outweighs the danger of material prejudice to an accused. Id. at paragraph seven of the syllabus; State v. Morales [602]*602(1987), 32 Ohio St.3d 252, 258, 513 N.E.2d 267, 273-274. We will not interfere with the trial court’s balancing of probativeness and prejudice “unless it has clearly abused its discretion and the defendant has been materially prejudiced thereby * * State v. Hymore (1967), 9 Ohio St.2d 122, 128, 38 O.O.2d 298, 302, 224 N.E.2d 126, 130.

Our review of the record indicates that the trial court properly admitted a number of photographs of the victim’s body. However, the court also excluded a number of photographs. The photographs that were admitted were relevant and not cumulative. Also, they were used to illustrate the coroner’s testimony. To prove its case, the state was required to prove that appellant purposefully killed Mari Anne Pope. The number and location of the stab wounds were probative of appellant’s purpose. See State v. Strodes (1976), 48 Ohio St.2d 113, 116, 2 O.O.3d 271, 272, 357 N.E.2d 375, 378. The mere fact that appellant stipulated the cause of death does not preclude the prosecution’s use of the photographs of Mari Anne Pope’s body. See Maurer, supra, 15 Ohio St.3d at 265, 15 OBR at 401, 473 N.E.2d at 792.

Appellant also contests the admissibility of photographs taken of him at the crime scene.

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

Related

State v. Cannon
2025 Ohio 5729 (Ohio Court of Appeals, 2025)
State v. Bracey
2025 Ohio 2133 (Ohio Court of Appeals, 2025)
State v. Maxey
2024 Ohio 1279 (Ohio Court of Appeals, 2024)
State v. Hill-Bryant
2024 Ohio 962 (Ohio Court of Appeals, 2024)
In re M.D.
2023 Ohio 845 (Ohio Court of Appeals, 2023)
State v. Ford (Slip Opinion)
2019 Ohio 4539 (Ohio Supreme Court, 2019)
State v. Erker
2019 Ohio 3185 (Ohio Court of Appeals, 2019)
State v. Magee
2019 Ohio 1921 (Ohio Court of Appeals, 2019)
State v. Jenkins
2018 Ohio 5153 (Ohio Court of Appeals, 2018)
State v. Leach
2018 Ohio 3554 (Ohio Court of Appeals, 2018)
State v. Lanter
2018 Ohio 3127 (Ohio Court of Appeals, 2018)
State v. Martin
2018 Ohio 1061 (Ohio Court of Appeals, 2018)
State v. Gray
2017 Ohio 563 (Ohio Court of Appeals, 2017)
State v. Floyd
2017 Ohio 386 (Ohio Court of Appeals, 2017)
State v. Little
2016 Ohio 8398 (Ohio Court of Appeals, 2016)
State v. Plymale
2016 Ohio 3340 (Ohio Court of Appeals, 2016)
State v. Sanders
2015 Ohio 5232 (Ohio Court of Appeals, 2015)
State v. Wharton
2015 Ohio 5026 (Ohio Court of Appeals, 2015)
State v. Bailey
2015 Ohio 2997 (Ohio Court of Appeals, 2015)
State v. Kirkland (Slip Opinion)
2014 Ohio 1966 (Ohio Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
605 N.E.2d 916, 65 Ohio St. 3d 597, 1992 Ohio LEXIS 3228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-slagle-ohio-1992.