State v. Bowman
2014 Ohio 3851
Ohio Ct. App.2014Background
- Toledo murder case: 1967 killing of Eileen Adams; Bowmans lived near the victim’s route; Margaret Bowman testified about events at Bowman's home.
- Doll with bound limbs resembled the kill pattern; DNA later linked Bowman to semen found on victim.
- Appellant Bowman was indicted in 2008 after DNA evidence emerged; competency evaluations in 2008 and 2011 found him competent.
- Trial in 2011 ended in mistrial; a second jury found Bowman guilty of first-degree murder and he was sentenced to life.
- Court found no statutory right to a jury determination of competency in 1967 or at Bowman’s trial; bench ruling on competency upheld.
- Costs and fees were imposed but the record lacked evidence of Bowman’s ability to pay; portions of costs were vacated on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency determination by jury vs bench | Bowman asserts a right to jury competency trial | No jury right existed under controlling statute | Bench competency determination proper; no jury right existed |
| Attorney failure to challenge 1967 statutes affecting competency | Ineffective assistance for not raising issue | No duty to challenge archaic statutes; no prejudice shown | Not well-taken; no deficient performance shown |
| Imposition of unspecified costs without showing ability to pay | Costs imposed without proving ability to pay | Costs authorized; no waiver or hearing requested | Partial reversal; costs related to confinement and appointed attorney fees vacated; remanded for proper proceedings |
| Prosecutorial misconduct during closing | Misconduct deprived fair trial | Arguments within permissible scope; no prejudice shown | Not well-taken; no prejudice found |
| Cumulative error doctrine | Multiple errors collectively prejudicial | Not well-taken; no reversible cumulative error found (beyond cost issue) |
Key Cases Cited
- Bielat v. Bielat, 87 Ohio St.3d 350 (Ohio 2000) (retroactivity of amended competency statute; no vested right)
- State v. Chapin, 67 Ohio St.2d 437 (Ohio 1981) (apply statute in effect at time of trial; competency ruling)
- State v. Were, 94 Ohio St.3d 173 (Ohio 2002) (apply current law at time of trial for competency)
- State v. Knight, 6th Dist. Sandusky No. S-05-007, 2006-Ohio-4807 (Ohio 2006) (requirement to show ability to pay costs by record evidence)
- State v. Threatt, 2006-Ohio-905 (Ohio 2006) (waiver of costs must be raised at sentencing)
- State v. Eley, 77 Ohio St.3d 174 (Ohio 1996) (prosecutorial conduct standard in closing arguments)
- State v. Lorraine, 66 Ohio St.3d 414 (Ohio 1993) (review of prosecutorial misconduct in context of whole trial)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard for sentencing matters)