State v. White

885 N.E.2d 905, 118 Ohio St. 3d 12
CourtOhio Supreme Court
DecidedApril 9, 2008
DocketNo. 2006-0295
StatusPublished
Cited by92 cases

This text of 885 N.E.2d 905 (State v. White) 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. White, 885 N.E.2d 905, 118 Ohio St. 3d 12 (Ohio 2008).

Opinion

Cupp, J.

{¶ 1} This appeal involves a claim by petitioner-appellant, Clifton White III, that he is mentally retarded and therefore constitutionally ineligible for the death penalty.

{¶ 2} In 1995, White broke up with his girlfriend, Heather Kawczk. Weeks later, White killed Kawczk’s mother and Deborah Thorpe, who was the mother of Kawczk’s new boyfriend, Michael Thorpe. During a subsequent confrontation at Kawczk’s place of employment, White attempted to kill Michael Thorpe. See State v. White (1999), 85 Ohio St.3d 433, 433-434, 709 N.E.2d 140.

{¶ 3} White was sentenced to death for the aggravated murder of Deborah Thorpe. On direct appeal, we affirmed his conviction and death sentence. Id. The trial court dismissed White’s initial petition for postconviction relief in March 1998, and the court of appeals affirmed. State v. White (June 16, 1999), Summit App. No. 19040, 1999 WL 394938.1

{¶ 4} On June 20, 2002, the United States Supreme Court held that the Eighth Amendment prohibits sentencing to death persons who are mentally retarded. Atkins v. Virginia (2002), 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335. On July 22, 2002, White commenced the instant litigation by filing a successor petition for postconviction relief.2 In that petition, White asserted that he was mentally retarded and hence, under Atkins, could not be executed.

I. The Legal Definition of Mental Retardation

{¶ 5} In Atkins, 536 U.S. at 308, 122 S.Ct. 2242, 153 L.Ed.2d 335, fn. 3, the United States Supreme Court quoted the definitions of mental retardation promulgated by the American Association on Mental Retardation (“AAMR”) and the American Psychiatric Association (“APA”).

{¶ 6} The AAMR defines mental retardation as “ ‘substantial limitations in present functioning. It is characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two or more of the [14]*14following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work. Mental retardation manifests before age 18.’ ” Atkins, 536 U.S. at 308, 122 S.Ct. 2242, 153 L.Ed.2d 335, fn. 3.

{¶ 7} The APA’s definition is similar: “ ‘The essential feature of Mental Retardation is significantly subaverage general intellectual functioning * * * that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas: communication, self-care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health, and safety * * *. The onset must occur before age 18 years * * *.’ ‘Mild’ mental retardation is typically used to describe people with an IQ level of 50 to 55 to approximately 70.” Id.

{¶ 8} In State v. Lott, 97 Ohio St.3d 303, 2002-Ohio-6625, 779 N.E.2d 1011, ¶ 12, we held: “Clinical definitions of mental retardation, cited with approval in Atkins, provide a standard for evaluating an individual’s claim of mental retardation. * * * These definitions require (1) significantly subaverage intellectual functioning, (2) significant limitations in two or more adaptive skills, such as communication, self-care, and self-direction, and (3) onset before the age of 18.”

II. The Proceedings Below

A. White’s Evaluation

{¶ 9} At White’s request, the trial court appointed Dr. David Hammer, a psychologist, as the petitioner’s expert in mental retardation. The state retained as its expert Dr. John M. Fabian, a clinical and forensic psychologist.

{¶ 10} Drs. Hammer and Fabian jointly conducted testing to determine whether White was mentally retarded. They administered the Wechsler Adult Intelligence Scale, Third Edition (“WAIS-III”), a standard IQ test; the Wide Range Achievement Test, Third Edition (“WRAT-III”), which measures academic achievement; and the Scales of Independent Behavior — Revised (“SIB-R”), which measures adaptive skills. They also interviewed White to obtain information for the SIB-R. Finally, they reviewed White’s educational, medical, correctional, and children-services records, along with earlier psychological evaluations performed in connection with White’s aggravated-murder trial.

1. Intellectual Functioning

{¶ 11} Drs. Fabian and Hammer administered the WAIS-III on July 28, 2003. White’s IQ, as measured by that test, was 52.

{¶ 12} Drs. Fabian and Hammer also administered the WRAT-III. WThite’s WRAT-III scores “indicate very poor academic abilities * * * equivalent to [15]*15about the second-grade level.” This result was consistent with White’s score on the WAIS-III.

2. Adaptive Skills

{¶ 13} “[C]linical definitions of mental retardation require not only subaverage intellectual functioning, but also significant limitations in adaptive skills * * * that became manifest before age 18.” Atkins, 536 U.S. at 318, 122 S.Ct. 2242, 153 L.Ed.2d 335. Adaptive skills are those skills that one applies to the everyday demands of independent living, such as taking care of oneself and interacting with others. Adaptive behavior tests are designed to assess how a person applies those skills in the tasks of everyday life.

{¶ 14} Drs. Hammer and Fabian used the SIB-R to assess whether White had significant limitations in adaptive skills. The SIB-R consists of 259 questions. Each question seeks to measure how well the subject can perform a particular task. The questions are divided among 14 “scales” or “domains.” Each scale contains between 16 and 20 questions designed to evaluate the subject’s skills in one of 14 categories: gross motor skills, fine motor skills, social interaction, language comprehension, language expression, eating and meal preparation, “toileting” (i.e., using the toilet), dressing, “personal self-care” (i.e., health and hygiene), domestic skills, time and punctuality, money and value, work skills, and “home/community orientation.” The 14 scales are grouped into four “clusters”: motor skills, social/communication, personal living, and community living.

{¶ 15} To administer the SIB-R, the examiner interviews “informants” — for example, parents, other relatives, or teachers — who are well acquainted with the person being evaluated. The informants provide the examiner with information about the subject’s abilities. The examiner then uses this information to score the SIB-R.

{¶ 16} Each question on the SIB-R is scored on a scale of zero to three. According to Dr. Hammer, a zero means that the subject either cannot perform a particular task “or has not really had a chance to do something like that.” A “1” means the subject “can’t do [the task] very well.” A “2” means he can “do it fairly well most of the time, but they might have to be asked to do it; they don’t necessarily initiate on their own.” A “3” means that the subject can routinely perform the task “very well and do it independently without being asked.”

{¶ 17} The examiner explains this rating system to the informants, then asks them to rate how well the subject can perform each task.

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Cite This Page — Counsel Stack

Bluebook (online)
885 N.E.2d 905, 118 Ohio St. 3d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-ohio-2008.