State v. Grevious
2019 Ohio 1932
Ohio Ct. App.2019Background
- July 24, 2016: A shootout at Doubles Bar involved members of the Gilbert family and a rival group; several people were shot, including Orlando Gilbert and Kalif Goens (who later died). Michael Grevious was present and later fired at a Gilbert family member.
- August 3, 2016: Zachary Harris, with co-conspirators Tony Patete and Melinda Gibby, located Orlando Gilbert, drove alongside his vehicle, and killed Orlando and passenger Todd Berus with an AK-47. Harris and accomplices were captured; all three pled guilty and received life sentences.
- Investigation evidence: hundreds of phone calls/texts between Grevious and Harris; Grevious allegedly supplied Orlando’s location, pressured Harris after failed attempts, arranged meeting/payment, and instructed deletion of messages. Testimony placed Grevious meeting Harris to pay and directing the team’s movements.
- Indictment: Grevious was charged with aggravated murder (murder-for-hire specification), a separate felonious assault and weapons-under-disability charge arising from the Doubles Bar incident, and firearm specifications.
- Trial and verdict: Trial court denied Grevious’s motion to sever and suppressed motion to exclude a photographic ID; jury convicted Grevious of aggravated murder with murder-for-hire, recommended life (not death), and acquitted him on the felonious assault and disability charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated murder (murder-for-hire) | State: Texts, call/location data, witness testimony and payment evidence show Grevious solicited, aided, and remunerated Harris — sufficient for complicity and murder-for-hire | Grevious: Evidence insufficient to prove he procured or paid for the murder | Court: Evidence, viewed favorably to prosecution, was sufficient to support complicity and murder-for-hire; assignment overruled |
| Severance of felonious assault from aggravated murder | State: Offenses are connected as part of same scheme; evidence for each is simple and distinct so joinder proper | Grevious: Joinder prejudiced him by suggesting propensity for violence | Court: No abuse of discretion; offenses connected, evidence simple/direct, jury instructed to consider counts separately; assignment overruled |
| Admission of evidence about the homicides (photographs, witness testimony) | State: Evidence of the actual killings and planning is necessary to prove the underlying offense and prior calculation and design | Grevious: Such evidence was irrelevant, cumulative, and highly prejudicial | Court: Evidence was relevant to show commission of aggravated murder and prior calculation; not plain error to admit; assignment overruled |
| Admissibility of photographic lineup ID | State: Lineup properly conducted; witness identified Grevious independent of later name use | Grevious: Lineup was suggestive/coercive (detectives used his names and pressured witness) | Court: Procedures complied with statute; name-use occurred after ID; admonitions to tell truth are not coercive; assignment overruled |
| Ineffective assistance of counsel | State: Counsel made reasonable strategic choices; withdrew unwinnable suppression motion and objections to admissible evidence wouldn’t have changed outcome | Grevious: Counsel failed to pursue suppression of phone evidence and failed to object to prejudicial evidence | Court: Strickland not satisfied — no deficient performance or prejudice shown; assignment overruled |
| Right to appellate review of sentence under R.C. 2953.08(D)(3) | State: Statute bars appellate review of aggravated-murder sentence recommended by jury; rational legislative treatment of worst offenders | Grevious: Statute denies equal protection/appeals rights and is unconstitutional | Court: R.C. 2953.08(D)(3) is constitutional; no right to appellate review of such sentence; assignment overruled |
Key Cases Cited
- Ziegler v. Wendel Poultry Serv., Inc., 67 Ohio St.3d 10 (1993) (page limits on appellate briefs are constitutional and reasonable)
- Rakas v. Illinois, 439 U.S. 128 (1978) (Fourth Amendment rights are personal; no vicarious standing)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- State v. Lindsey, 87 Ohio St.3d 479 (2000) (murder-for-hire requires evidence of compensation/remuneration)
- State v. Waddy, 63 Ohio St.3d 424 (1992) (identification should be suppressed if the procedure was unnecessarily suggestive and the ID unreliable)
- State v. Belton, 149 Ohio St.3d 165 (2016) (officers’ admonitions to tell the truth and discuss cooperation are not coercive)