2022 Ohio 2725
Ohio Ct. App.2022Background
- Appellant Keyanta Gardner admitted hiring someone to kill his former friend Robert Farrell, participated in the cover-up, and pled guilty to aggravated murder, conspiracy to commit aggravated murder, and a firearm specification.
- The trial court sentenced Gardner to life without the possibility of parole, citing the close relationship with the victim, lack of remorse, and the “cold‑blooded, preplanned execution.”
- Gardner appealed, arguing R.C. 2953.08(D)(3) — which bars intermediate appellate review of murder and aggravated murder sentences — is unconstitutional under the Eighth and Fourteenth Amendments because it prevents appellate review of whether the trial court complied with R.C. 2929.11 and 2929.12.
- The court reviewed statutory law holding that appellate sentencing review is a statutory (not constitutional) right and that R.C. 2953.08(D)(3) does not eliminate constitutional challenges to a sentence.
- Gardner did not raise an as‑applied Eighth Amendment challenge to the life‑without‑parole sentence itself; he challenged only the constitutionality of the statutory bar to intermediate review.
- The Twelfth District affirmed, finding the assignment of error without merit and declining to treat the absence of statutory intermediate review as cruel and unusual punishment.
Issues
| Issue | Gardner's Argument | State's Argument | Held |
|---|---|---|---|
| Whether R.C. 2953.08(D)(3)’s bar on appellate review of murder/ aggravated murder sentences violates the Eighth and Fourteenth Amendments | R.C. 2953.08(D)(3) unconstitutionally deprives Gardner of appellate review of whether the trial court followed R.C. 2929.11/2929.12 and thus denies meaningful review | Appellate review of sentences is statutory, not a constitutional right; R.C. 2953.08(D)(3) does not amount to cruel and unusual punishment and constitutional claims remain available via other statutes/courts | Affirmed. The statute does not render the sentence unconstitutional; Gardner’s claim is without merit. |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (describes statutory parameters and standards for felony‑sentencing appeals)
- State v. Patrick, 164 Ohio St.3d 309 (Ohio 2020) (holds R.C. 2953.02 allows appellate review of sentences on constitutional grounds and R.C. 2953.08(D)(3) does not preclude constitutional challenges)
- State v. Grievous, 157 Ohio St.3d 1502 (Ohio 2019) (discretionary appeal accepted concerning constitutionality of R.C. 2953.08(D)(3))