State v. Garvin
967 N.E.2d 1277
Ohio Ct. App.2011Background
- Mollett family shot to death on December 22, 2008; A.S., a 6-year-old, witnessed the shooting.
- A.S. reported a dark-haired woman with a vest containing knives and guns as the shooter.
- Damron, a neighbor, observed a vehicle leaving the scene and later identified Garvin from a photo array.
- Police prepared two photo arrays (one using Garvin’s booking photo) and showed them to A.S. and Damron, with Garvin identified by both.
- Media coverage described the case and pretrial proceedings; juror Clausing was the first cousin of the Scioto County Sheriff and seated on the jury.
- Appellant was convicted of aggravated burglary, multiple counts of aggravated murder, aggravated robbery, tampering with evidence, and a firearm specification, and sentenced to life without parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial identifications were unnecessarily suggestive. | Garvin | State | No; identifications admissible, weight issues go to evidence. |
| Denial of change of venue despite pretrial publicity. | Garvin | State | No; no reversible error; no actual bias shown. |
| Juror Clausing’s relationship to the sheriff; failure to question. | Garvin | State | No plain error; no demonstrated prejudice. |
| Ineffective assistance for not challenging Clausing’s seating. | Garvin | State | No; counsel acted within discretion; no prejudice shown. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard for suppression findings; factual/credibility review)
- State v. Waddy, 63 Ohio St.3d 424 (Ohio 1992) (two-pronged Neil framework for identifications; reliability and suggestiveness)
- State v. Landrum, 53 Ohio St.3d 107 (Ohio 1990) (pretrial publicity and change of venue considerations)