State v. Albert
2015 Ohio 249
Ohio Ct. App.2015Background
- In October 2005, victim Charles Calloway was beaten in a Columbus home, doused with gasoline by Shane Albert, and ignited; Calloway died from massive burns and soot inhalation.
- The crime remained cold until a 2012 investigation led to indictment of Albert on aggravated arson, aggravated murder, murder (felony murder), kidnapping, and firearm specifications; Albert was tried by jury.
- Jury convicted Albert of aggravated arson, murder (felony murder), kidnapping, and three one-year firearm specifications; acquitted of aggravated murder.
- Trial evidence included eyewitness testimony implicating Albert in pouring gasoline and testimony that an accomplice had a firearm present; autopsy photos were admitted and the defendant’s alleged statements to a third party were presented.
- The trial court imposed consecutive firearm-specification sentences totaling three years; the State later conceded error on imposing multiple one-year firearm terms.
- The appellate court affirmed the convictions, held sentencing on firearm specifications must be corrected (remand for resentencing), and rejected claims regarding photographs, sufficiency/manifest weight, merger (mostly), PRC notice, and ineffective assistance.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Albert) | Held |
|---|---|---|---|
| Admissibility of autopsy photos | Photos were probative to show cause of death and injuries | Photos were unduly prejudicial under Evid.R. 403 | Admission was not an abuse of discretion; photos probative and not cumulative |
| Sufficiency/manifest weight of evidence | Evidence (witnesses, accomplice with gun, actions pouring gasoline) supports convictions and firearm specifications | Evidence insufficient; convictions against weight/sufficiency | Convictions and firearm specs supported by manifest weight and sufficiency (aider-and-abettor theory upheld) |
| Merger of offenses for sentencing (arson, felony murder, kidnapping) | Offenses dissimilar or committed with separate animus; should not merge | Offenses should merge (same conduct) | Kidnapping did not merge (separate conduct). Aggravated arson and felony murder did not merge because pouring gasoline/setting victim afire showed force/animus separate from predicate offense |
| Post-release control (PRC) notification | Written sentencing entry and signed PRC notice suffice | Lack of oral advisement renders PRC notice insufficient | Totality of circumstances (entry + signed notice) satisfied PRC notification requirement |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (describes the standard for manifest-weight review)
- Johnson v. Ohio, 128 Ohio St.3d 153 (Ohio 2010) (sets the test for merger of allied offenses of similar import)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes the two-prong test for ineffective assistance of counsel)
- DeHass v. Atty. Gen. of Ohio, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations are primarily for the trier of fact)