State v. Everett
2012 Ohio 2740
Ohio Ct. App.2012Background
- Dec. 2, 2010, at Sparky’s bar in Canton, Everett and associates planned to rob Dennis Robb after meeting Tiffany Robinson and Heather Snyder.
- Group discussed meeting at Snyder’s Highland Park apartment to access Robb’s cash; no explicit plan to use a gun at first, but a firearm was later shown.
- Robb, Everett, Burton, and others drove to Highland Park; Everett allegedly pulled a gun, struck Burton, then struck Robb and the gun discharged, killing Robb.
- Robinson and Burton testified about the plan and Everett’s role; Robb died from a close-range gunshot to the face; crime scene and hallway confrontation described.
- Evidence included Everett’s white tennis shoes with Robb DNA, Robb’s blood on clothing, a beer bottle with Everett’s fingerprint, shell casing, and a magazine found behind the buildings; a beer bottle was recovered in the hallway.
- A videotaped police statement with limiting instructions was admitted; Everett challenged the admission on ineffective-assistance grounds on appeal; the trial court merged counts for sentencing, resulting in a 38-years-to-life term.
- Appellant was convicted of murder with a firearm specification, felonious assault with a firearm specification, aggravated robbery, tampering with evidence, and having weapons under disability; sentences were consecutive with specified terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of evidence for murder | Everett argues evidence fails to show knowledge of probable death. | State contends evidence shows knowingly caused physical harm; felony murder supported. | Evidence sufficient and not against weight; felony murder proven. |
| Ineffective assistance of counsel | Counsel failed to object to portions of the taped statement. | Limiting instruction cured error; prejudice shown by not objecting. | No ineffective assistance; strategy to address with limiting instruction was reasonable. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (defines sufficiency standard; weight vs. sufficiency distinction)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review standard; rational trier of fact)
- State v. Miller, 96 Ohio St.3d 384 (Ohio 2002) (felony murder predicates; knowingly caused physical harm)
- Pang v. Minch, 53 Ohio St.3d 186 (Ohio 1990) (jury instruction on law; limits on evidence use)
- State v. Carter, 72 Ohio St.3d 545 (Ohio 1995) (competence presumed; strategic decisions reviewed deferentially)