2015 Ohio 4397
Ohio Ct. App.2015Background
- Ralph Carusone was convicted in 2007 of felony murder (felonious assault as the predicate) for the stabbing death of Derek Rininger; conviction affirmed on direct appeal.
- After unsuccessful initial motions, this court remanded for a hearing on Carusone’s motion for leave to file a Crim.R. 33(A)(6) new-trial motion based on newly discovered evidence and nondisclosure. Leave was granted; the new-trial motion was denied and Carusone appealed.
- At trial the jury acquitted on purposeful murder but convicted of felony murder based on findings that Carusone caused Rininger’s death while knowingly causing serious physical harm or using a deadly weapon.
- Newly disclosed items at the postconviction hearing included an enhanced 911 recording, fuller EMS and hospital run reports (including an ER physician’s report), an affidavit from a resident contradicting a state witness, and a pathology expert’s report disputing the coroner’s stab-to-the-heart cause of death.
- The pathology expert (Dr. Young) opined that Rininger likely died of cardiac arrest precipitated by drugs, alcohol, stress, and exertion, and that an apparent heart wound may have resulted from resuscitative pericardiocentesis—not the fatal stab; defense counsel testified that the new evidence would have altered trial strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether undisclosed/new evidence required a new trial under Crim.R. 33(A)(6) | State: The undisclosed evidence is not material enough to undermine confidence in verdict | Carusone: Newly discovered and undisclosed evidence undermines cause-of-death and witness credibility and shows actual innocence | Court: Denied new trial; evidence would not reasonably put whole case in a different light to undermine confidence in verdict |
| Whether state violated Brady duty to disclose material evidence | State: Disclosure was adequate; nondisclosed portions are not outcome-determinative | Carusone: State’s nondisclosure of run/hospital reports and witness statements prevented fair trial | Court: Even if nondisclosure occurred, the undisclosed material would not have undermined verdict; Brady standard not met |
| Whether newly discovered medical evidence rebuts that death was caused by a stab to the heart | State: Coroner’s opinion supported by trial evidence; stab wounds and knife link Carusone to fatal result | Carusone: Expert shows alternate cause (cardiac arrest) and that heart injury may be iatrogenic | Court: New medical evidence challenges coroner but, taken with trial proof, still permits a finding that Carusone proximately caused death via serious harm or deadly-weapon use |
| Whether trial court abused discretion in denying Crim.R. 33 motion | State: No abuse; discretionary denial proper | Carusone: Denial was abuse given the cumulative effect of new evidence | Court: No abuse of discretion; standard for new trial not satisfied |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 87 (1963) (state must disclose evidence favorable to the accused where material to guilt or punishment)
- Kyles v. Whitley, 514 U.S. 419 (1995) (materiality assessed by whether undisclosed evidence, considered collectively, undermines confidence in outcome)
- State v. Williams, 43 Ohio St.2d 88 (1975) (new-trial-on-newly-discovered-evidence standard; appellate review is abuse-of-discretion)
- State v. Petro, 148 Ohio St. 505 (1947) (elements required for newly discovered evidence to warrant new trial)
- State v. Johnston, 39 Ohio St.3d 48 (1988) (applying Brady/Kyles principles in Ohio)