State v. Greene
2019 Ohio 4010
Ohio Ct. App.2019Background
- Victim Alyce Seff (81) was found dead, bound and upside-down in a decorative wishing well behind her Columbus home on July 9, 2008; coroner concluded ligature strangulation and estimated death about July 5, 2008.
- Seff was last seen alive July 5, 2008 after leaving a tool rental store at 12:04 p.m.; her cell phone received calls from Charles Greene at 1:28 p.m. and Greene had subsequent phone activity using Seff’s phone through July 8.
- Credit cards and the cell phone belonging to Seff surfaced in Greene’s circle on July 6; third parties used those cards at stores and testified they received them from Greene or from cards he provided.
- DNA from Greene matched samples from Seff’s vehicle (steering wheel and driver’s arm rest); a roll of duct tape from the backyard physically matched tape on Seff’s wrists.
- Greene was tried by jury (January 2017) and convicted of murder, aggravated robbery, and kidnapping (aggravated-murder charge acquitted); sentenced to 15 years-to-life (murder) plus concurrent/unmerged terms for other counts.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Greene) | Held |
|---|---|---|---|
| Admission of gruesome crime‑scene/morgue photos | Photos were probative of cause and time of death and assisted coroner testimony; prosecutor limited photos with defense cooperation | Number and gruesomeness were cumulative and prejudicial; should be excluded under Evid.R. 403 | No abuse of discretion; probative value not substantially outweighed by unfair prejudice; plain‑error review fails |
| Other‑acts testimony (drug use) | Testimony about Jenkins using drugs with Greene was elicited by defense on cross; prosecution’s redirect was responsive | Testimony introduced improper other‑acts evidence without notice; prejudicial under Evid.R. 404(B) | Trial court did not abuse discretion; defense opened the door and limiting instruction minimized prejudice |
| Use of visible restraints (leg irons) at trial | Restraints permissible for security; trial court has discretion and hearing not always required | Use of visible restraints deprived Greene of fair trial; court made no findings or hearing | No plain error shown: no record that restraints were visible to jury and no prejudice established |
| Victim‑impact/background testimony | Testimony provided context about victim’s habits, properties, and ability to help obtain records | Testimony was impermissible victim‑impact designed to elicit sympathy | Admissible as background/facts attendant to the offense; limited, harmless inquiry did not affect outcome |
| Ineffective assistance of counsel | State: many contested rulings were within trial strategy; counsel filed motions and limited exhibits | Greene: counsel deficient for permitting photos, not objecting to restraints, not excluding CODIS implication, and failing to strike other‑acts testimony | Strickland not satisfied: counsel’s actions reasonable (strategy/limiting exhibits); no prejudice shown from alleged errors |
| Manifest‑weight challenge to convictions | State: circumstantial proof (call records, possession of phone/cards, DNA, duct‑tape match) sufficed for jury to credit witnesses | Greene: acquittal on aggravated murder and lack of direct physical evidence show verdicts against manifest weight | Court finds jury did not lose its way; evidence and credibility determinations support convictions |
Key Cases Cited
- Deck v. Missouri, 544 U.S. 622 (U.S. 2005) (restraints visible to jury implicate due process; exceptions for security may apply)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance of counsel)
- State v. Fautenberry, 72 Ohio St.3d 435 (Ohio 1995) (victim‑impact evidence admissible when it relates to facts attendant to the offense)
- State v. Biros, 78 Ohio St.3d 426 (Ohio 1997) (gruesome autopsy photos admissible when probative of cause and intent)
- State v. Jackson, 107 Ohio St.3d 53 (Ohio 2005) (autopsy photos illustrative of coroner testimony; relevance can outweigh gruesomeness)
- State v. Mason, 82 Ohio St.3d 144 (Ohio 1998) (photographs admissible to illustrate coroner testimony)
- State v. Franklin, 97 Ohio St.3d 1 (Ohio 2002) (trial court discretion to impose restraints; hearing preferred but not absolute rule)
- State v. Clinton, 153 Ohio St.3d 422 (Ohio 2017) (clarifies limits on victim‑impact evidence at trial)