State v. Adams
2017 Ohio 1145
Ohio Ct. App.2017Background
- On August 16, 2015 Jermaine Latiff Adams shot and killed his housemate Alondo Perry; Perry suffered four gunshot wounds and died. Adams had $2,630.75 on him and gunshot residue consistent with recent firing; police recovered a .40 S&W, one live round in chamber, 7-round magazine, and four spent casings from the bedroom.
- Adams gave multiple statements to first responders and detectives describing varying accounts; his ultimate version claimed Perry threatened him with scissors during a struggle over cash and Adams shot to repel the threat.
- Two pairs of scissors were recovered; one pair with gold handles had Adams’ DNA on the blades. Autopsy showed multiple wounds, at least one of which alone was fatal.
- Indicted for murder under R.C. 2903.02(B) (death proximately caused during commission/attempt of felonious assault) with a firearm specification and a separate weapons-under-disability count (not challenged on appeal). Convicted by jury and sentenced to 20 years to life.
- Adams raised six assignments of error on appeal: sufficiency/weight (self-defense), admission of gruesome autopsy photos, prosecutorial misconduct, erroneous duty-to-retreat instruction, ineffective assistance for not objecting to that instruction, and exclusion of testimony about the victim’s criminal history.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Adams) | Held |
|---|---|---|---|
| Sufficiency/manifest weight re: murder (self-defense) | Evidence, including physical injuries, DNA, gunshot residue, and inconsistencies in Adams’ statements, supports murder conviction; self-defense not proven | Adams claims he acted in self-defense because Perry assaulted him and threatened him with scissors | Conviction affirmed: evidence sufficient; jury could reject Adams’ self-defense claim and reasonably find he used disproportional force |
| Admission of autopsy/photos | Photos were relevant to show number, location, and severity of wounds and probative of intent; court limited non-duplicative images | Photos were gruesome and unduly prejudicial and cumulative | No abuse of discretion: admitted photos were probative, not cumulative, and probative value outweighed prejudice |
| Prosecutorial misconduct in closing | Prosecutor’s comments were responses to defense argument and supported by evidence; closing argument permitted to draw reasonable inferences | Prosecutor improperly commented about Adams’ demeanor and timing of fatal shot, prejudicing jury | No reversible misconduct: remarks were responsive and not shown to have prejudiced substantial rights |
| Duty-to-retreat jury instruction & ineffective assistance | Duty-to-retreat instruction was given but any error was harmless; prosecution argues overall charge and evidence eliminate prejudice | Adams argued instruction was erroneous (no duty to retreat in one’s home) and counsel ineffective for not objecting | Instruction was technically erroneous but harmless under plain-error standards; ineffective-assistance claim fails because no reasonable probability of different outcome |
| Exclusion of evidence about victim’s criminal history/state of mind | Character-specific acts of victim not admissible (not an essential element); defendant could testify personally about belief/state of mind | Adams sought to elicit testimony that he knew Perry had been imprisoned to show state of mind and that Perry was likely violent | Court affirmed exclusion: Barnes/Hale prohibit introduction of specific prior acts of victim to prove initial aggressor; state-of-mind exception does not extend to third-party witnesses; defendant could have testified personally but did not |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency and manifest-weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of the evidence in criminal cases)
- State v. Maurer, 15 Ohio St.3d 239 (Ohio 1984) (gruesome photographs admissible if probative and not cumulative)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance of counsel)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (specific instances of a victim's prior conduct not admissible to prove initial aggressor)
- State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (no duty to retreat from one's home against a cohabitant)
- State v. Cooperrider, 4 Ohio St.3d 226 (Ohio 1983) (plain-error review for jury instruction error)