State v. Stumpf

512 N.E.2d 598, 32 Ohio St. 3d 95, 1987 Ohio LEXIS 350
CourtOhio Supreme Court
DecidedAugust 19, 1987
DocketNo. 86-1118
StatusPublished
Cited by297 cases

This text of 512 N.E.2d 598 (State v. Stumpf) 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. Stumpf, 512 N.E.2d 598, 32 Ohio St. 3d 95, 1987 Ohio LEXIS 350 (Ohio 1987).

Opinion

Herbert R. Brown, J.

As with every case in which the death penalty has been imposed, the instant appeal presents us with a three-step task, pursuant to R.C. 2929.05. First, we must consider the specific issues raised by appellant in his propositions of law. Second, we must independently weigh the aggravating circumstance of which appellant was found guilty beyond a reasonable doubt against the mitigating factors. Finally, we must independently decide whether the death sentence is appropriate in this case, and whether it is proportionate to the penalty imposed in similar cases. For the reasons set forth below, we affirm the judgment of the court of appeals and uphold the sentence of death.

I

A

Appellant’s first proposition of law contends that the three-judge panel failed to adequately comply with R.C. 2929.03(F), which provides in part:

“The court or the panel of three judges, when it imposes sentence of death, shall state in a separate opinion its specific findings as to the existence of any of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, the existence of any other mitigating factors, the aggravating circumstances the offender was found guilty of committing, and the reasons why the aggravating circumstances the offender was found guilty of committing were sufficient to outweigh the mitigating factors.* * *” (Emphasis added.)

The three-judge panel did list their reasons for finding that the aggravating circumstance sufficiently outweighed the mitigating factors.1 [99]*99However, appellant claims that such reasons fail to “bear a direct relation” to the specific aggravating circumstance of which he was found guilty, to wit: the murder of Mrs. Stout to escape detection, apprehension, trial or punishment for other offenses (attempted aggravated murder and aggravated robbery).

The three-judge panel, in stating its reasons, relies heavily upon the nature and circumstances of appellant’s offense. Appellant’s argument thus assumes that the nature and circumstances of his offense cannot be cited as reasons for, and bear no relation to, the finding that the aggravating circumstance sufficiently outweighs the mitigating factors.

This assumption is erroneous. R.C. 2929.04(B) requires the jury, trial court, or three-judge panel to “consider, and weigh against the aggravating circumstances proved beyond a reasonable doubt, the nature and circumstances of the offense* * *.” (Emphasis added.) In a particular case, the nature and circumstances of the offense may have a mitigating impact, or they may not. See State v. Steffen (1987), 31 Ohio St. 3d 111, 117, 31 OBR 273, 278, 509 N.E. 2d 383, 390. Either way, they must be considered.

Reading R.C. 2929.03(F) and 2929.04(B) in pari materia, it would be illogical to require a three-judge panel to consider the nature and circumstances of the offense in making its decisions whether the aggravating circumstances were sufficient to outweigh the mitigating factors, yet to forbid that panel from relying upon and citing such nature and circumstances as reasons for its decision.

We therefore hold that under R.C. 2929.03(F), a trial court or three-judge panel may rely upon and cite the nature and circumstances of the of[100]*100fense as reasons supporting its finding that the aggravating circumstances were sufficient to outweigh the mitigating factors.

B

In his second proposition of law, appellant maintains that the three-judge panel erred by failing to “consider, and weigh against the aggravating circumstances proved beyond a reasonable doubt, * * * the history, character, and background of the offender * * as required by R.C. 2929.04(B).

Appellant introduced exhibits and called witnesses to demonstrate that his history, character and background included certain alleged mitigating factors. The witnesses were cross-examined only briefly or not at all. While some of the exhibits and testimony were unreliable, several witnesses established, among other things, that appellant was a follower and not a leader, that he was generally a hard worker, that he had never had behavioral problems, that he had no significant criminal record, that he had a strong family background, and that he was emotionally stable. The panel recited the alleged mitigating factors on which appellant offered evidence, but found that, with the exception of age at the time of the offense (twenty-three) and his lack of a significant criminal background, appellant had not established any mitigating factors by a preponderance of the evidence.2

Appellant claims that the three-judge panel erred in finding that the other factors had not been proven — thus implicitly not weighing them against the aggravating circumstance. Appellant maintains that R.C. 2929.04(B) requires the panel to both consider and weigh his history, character, and background as mitigation; therefore, the panel erred when it failed to weigh the factors which it found had not been established by a preponderance of the evidence.

[101]*101A careful reading of the panel’s opinion demonstrates that it found only that such factors were not established as mitigating factors by a preponderance of the evidence. As we recently held in Steffen, supra, at paragraph two of the syllabus:

“While R.C. 2929.04(B)(7) evinces the legislature’s intent that a defendant in a capital case be given wide latitude to introduce any evidence the defendant considers to be mitigating, this does not mean that the court is necessarily required to accept as mitigating everything offered by the defendant and admitted. The fact that an item of evidence is admissible under R.C. 2929.04(B)(7) does not automatically mean that it must be given any weight.”

This reasoning applies with equal force to evidence of the history, character and background of an offender. As with the nature and circumstances of the offense, evidence of a particular offender’s history, character and background may be mitigating, or it may not be. R.C. 2929.04(B) requires a trial court or three-judge panel to consider such evidence (as did the panel in the cause subjudice), but it does not require that court or panel to find that such evidence establishes a mitigating factor or factors. As we explained in Stef-fen, “[e]vidence which is not mitigating is not entitled to any weight as a mitigating factor in determining whether such factors outweigh the aggravating circumstances.” Id. at 129, 31 OBR at 289, 509 N.E. 2d at 399. Therefore, we hold that under R.C. 2929.04(B), evidence of an offender’s history, background and character which the jury, trial court, or panel of three judges considered, but did not find to be mitigating, need be given little or no weight against the aggravating circumstances.

C

In his third proposition of law, appellant claims that his death sentence is disproportionate to the penalties imposed in similar cases. R.C. 2929.05(A) mandates a proportionality review by this court in all cases where a sentence of death has been imposed. State v. Jenkins (1984), 15 Ohio St. 3d 164, 15 OBR 311, 473 N.E. 2d 264, paragraph seven of the syllabus; Steffen, supra, at 122-123, 31 OBR at 283-284, 509 N.E. 2d at 394. We therefore discuss this issue in Part III of this opinion, infra.

D

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Cite This Page — Counsel Stack

Bluebook (online)
512 N.E.2d 598, 32 Ohio St. 3d 95, 1987 Ohio LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stumpf-ohio-1987.