State v. Feltha
2017 Ohio 8640
| Ohio Ct. App. | 2017Background
- Victim Leroy Brewster was shot and killed during an altercation after Shaundelle Graham instructed a group to harass Brewster over destroyed drugs; surveillance video captured the shooting and aftermath.
- Maceo Feltha was identified as the shooter, questioned for about five hours, and made statements admitting he shot Brewster.
- Feltha was indicted on multiple counts including murder, weapons-under-disability (based on three juvenile adjudications), and others; some counts were later dismissed and charges merged into convictions for murder and weapons-under-disability.
- Defense initially planned to assert a false-confession/alibi theory and that Feltha would testify; at trial Feltha did not testify, produced only one non-alibi witness, and counsel conceded possession but argued the shooting was accidental.
- The jury convicted Feltha of murder and weapons-under-disability; he was sentenced to consecutive prison terms and appealed raising five assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel’s strategic choices were reasonable and within trial tactics; no deficiency prejudiced outcome. | Counsel erred by stipulating to juvenile adjudications, inconsistent defense, failing to move to suppress, and other tactical failures. | No ineffective assistance: counsel’s decisions were reasonable; overwhelming evidence of guilt negated prejudice. |
| Admission of juvenile adjudications (plain error) | Admission was proper given stipulation; any defective detail did not affect outcome. | Entries contained inadmissible details about underlying facts; admission was plain error. | No plain error: evidence against Feltha was overwhelming; outcome not affected. |
| Refusal to instruct on reckless homicide | Murder evidence (confession, video, multiple shots, eyewitnesses) supported only purposeful killing. | Reckless-homicide instruction appropriate because defense argued lack of intent/accident. | Trial court did not abuse discretion in denying the lesser-included instruction. |
| Admission/authentication of note | Note was admissible to show Feltha gave it to a witness and to prove coordinated false accounts (not for truth); witness authenticated receipt. | Note was unauthenticated and hearsay. | Note properly authenticated as an item passed by Feltha and was non-hearsay for the purpose offered. |
| Sufficiency and weight of the evidence | State presented eyewitnesses, video, and Feltha’s own statements proving purposeful killing. | Evidence was insufficient/against manifest weight; shooting may have been accidental. | Conviction affirmed: sufficient evidence and not against manifest weight. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- State v. Creech, 150 Ohio St.3d 540 (Ohio 2016) (trial court must accept stipulation to prior conviction to avoid admitting underlying facts)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for reviewing manifest-weight challenges)