State v. Curry
2014 Ohio 3836
Ohio Ct. App.2014Background
- Defendant Damien Curry was convicted of two counts of Murder with firearm specifications after a bench trial in Greene County, Ohio.
- Moore was killed in Lexington Park, Xenia, and a .40 caliber shell casing was found at the scene.
- Mundy and Rollings testified Curry was involved; Mundy drove Curry to Lexington Park where Moore was shot.
- Curry admitted involvement in April 2012; police obtained a recorded interview after waiving rights.
- Curry moved for change of venue, suppression of his confession, and competency/insanity defenses; motions were denied.
- Curry was sentenced to 15 years to life with a three-year firearm specification; appellate counsel filed an Anders brief; Curry filed pro se assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue sufficiency and preservation | Curry contends venue was not established Greene County. | Venue not proven; shooting occurred outside Greene County. | Venue established; argument frivolous. |
| Equal protection and jury pool composition | No African-Americans in jury pool violated cross-section requirements. | Equality of jury pool and Batson concerns; timing of challenge. | Challenge untimely; no showing of systematic exclusion. |
| Insanity/competency procedures | Insanity plea timely and competency hearing required. | Requests ignored; improper denial of insanity/competency measures. | Insanity plea late and without good cause; competency hearing properly handled; no reversible error. |
| Prosecutorial misconduct | Opening statement and witness testimony violated due process. | No improper statements; credibility issues for jury; no plain error. | No prosecutorial misconduct; no plain error. |
| Effective assistance of counsel | Counsel failed to challenge indictment, call witnesses, or pursue insanity/competency strategies. | Counsel strategy reasonable; no deficient performance or prejudice. | No ineffective assistance shown; claims lack arguable merit. |
| Corpus delicti and confession admissibility | Confession admitted without independent corpus delicti evidence. | Confession improperly admitted. | Corpora delicti established by independent testimony; confession admissible. |
Key Cases Cited
- State v. Headley, 6 Ohio St.3d 475 (Ohio 1983) (venue proof need not be express if established by facts and circumstances)
- State v. Horner, 126 Ohio St.3d 466 (Ohio 2010) (indictment tracked statute; mental state not required in indictment)
- State v. Fulton, 57 Ohio St.3d 120 (Ohio 1991) (fair cross-section requirement for juries; factors for exclusion)
- State v. Lester, 123 Ohio St.3d 396 (Ohio 2009) (insufficiency of mental-state in indictment; jury instructions control)
- State v. Batson, 476 U.S. 79 (U.S. 1986) (racial disparity claims require timely voir-dire challenges)