State v. Amison
2021 Ohio 1537
Ohio Ct. App.2021Background:
- Mezahn Amison was indicted for murder and two counts of felonious assault after Zachariah Wallace was shot and later died from a chest wound sustained on December 6, 2019.
- Eight days earlier the two had exchanged gunfire after Amison confronted Wallace (Thanksgiving incident); Amison fired first in that encounter.
- On December 6, Amison approached Wallace and his girlfriend on a public street, displayed a pistol, then fired multiple times; Wallace was struck and later died.
- During trial a juror (Juror 212) reported overnight vandalism to his car and said he was "nervous;" defense counsel questioned and elected to keep the juror for strategic reasons.
- The court denied Amison’s requested jury instruction on voluntary manslaughter; the jury convicted on all counts. Amison appealed raising (1) ineffective assistance for not striking Juror 212 and (2) failure to give a voluntary manslaughter instruction.
Issues:
| Issue | State's Argument | Amison's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not striking Juror 212 | Counsel reasonably relied on juror's repeated assurances of impartiality and made a permissible strategic choice | Juror's admission of being "nervous" and the vandalism showed bias and required removal | No ineffective assistance: juror repeatedly affirmed impartiality; deference to counsel's strategy |
| Whether the court erred by refusing a voluntary manslaughter instruction | Evidence showed Amison was the aggressor, eight days elapsed (cooling time), and the December 6 shooting was unprovoked | Prior confrontation and Wallace's access to firearms supported provocation sufficient for manslaughter | No error: insufficient evidence of reasonably sufficient provocation; instruction not warranted |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- State v. Mundt, 115 Ohio St.3d 22 (applies Strickland in Ohio and discusses ineffective-assistance framework)
- State v. Shane, 63 Ohio St.3d 630 (defines voluntary manslaughter and provocation standard)
- State v. Wolons, 44 Ohio St.3d 64 (abuse-of-discretion review for jury instructions)
- State v. Adams, 62 Ohio St.2d 151 (defines abuse of discretion standard in Ohio)