State v. Evans
2016 Ohio 7256
| Ohio Ct. App. | 2016Background
- On December 23, 2014, Richard Evans collided with a vehicle driven by Melanie Wickens; Wickens died from blunt force head trauma sustained in the crash.
- Evans left the scene briefly, was found shortly thereafter, and exhibited signs of impairment; a warrant blood draw later showed .094% BAC and an expert extrapolated an estimated BAC of ~.165% at the time of the crash.
- A grand jury indicted Evans on aggravated homicide, aggravated vehicular assault, vehicular assault, and OVI; he waived a jury trial and was convicted of aggravated vehicular homicide and OVI.
- The trial court merged the aggravated-homicide counts for sentencing and imposed an eight-year prison term; Evans appealed raising three assignments of error.
- Central evidentiary dispute: the admissibility of the victim’s death certificate (coroner’s finding of death from blunt force trauma) despite the coroner not testifying.
Issues
| Issue | Evans' Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of death certificate | Death certificate inadmissible without a qualified medical witness to testify about cause of death; plain error review | Death certificate is admissible under R.C. 313.19 and Maxwell/autopsy-report precedent; coroner’s finding is legally accepted | No plain error; death certificate admissible without coroner testifying |
| Ineffective assistance of counsel for failing to object to death certificate and officer reading it | Counsel deficient for not objecting to certificate and officer testimony; deprived meaningful challenge | Counsel’s failure was not unreasonable because certificate was admissible; officer only read certificate | No deficient performance shown; claim fails |
| Ineffective assistance for lack of investigation (experts on BAC and vehicle malfunction) | Counsel failed to reasonably investigate or retain experts, prejudicing defense | Record does not show counsel could have located helpful experts; no prejudice shown on direct appeal | No showing of prejudice or deficient performance on this record |
| Motion for acquittal if death certificate excluded | If certificate excluded, insufficient evidence to sustain aggravated vehicular homicide convictions | Even excluding certificate, evidence (if believed) supports convictions; but court found certificate admissible anyway | Motion properly denied; convictions affirmed |
Key Cases Cited
- State v. Maxwell, 139 Ohio St.3d 12 (Ohio 2014) (autopsy reports are nontestimonial business records and admissible under Evid.R. 803(6))
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error standard and caution in applying Crim.R. 52(B))
- State v. Wickline, 50 Ohio St.3d 114 (Ohio 1990) (plain-error requires showing outcome would clearly have been otherwise)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Michel v. Louisiana, 350 U.S. 91 (U.S. 1955) (strong presumption that counsel’s conduct is reasonable trial strategy)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- Vargo v. Travelers Ins. Co., 34 Ohio St.3d 27 (Ohio 1987) (R.C. 313.19 coroner findings are quasi-judicial and legally accepted)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (standard for deficient performance in ineffective-assistance claims)