2021 Ohio 735
Ohio Ct. App.2021Background
- Grieco was indicted after the March 2017 shooting death of her fiancé; she pled guilty to involuntary manslaughter and domestic violence under a plea agreement that dismissed a reckless-homicide count and firearm specs; the court imposed an eight-year sentence.
- In October 2019 Grieco filed a pro se petition for post-conviction relief alleging evidence tampering by Deputy Brian Godsey (he washed her hands and discarded a towel that might have had exculpatory DNA/GSR) and ineffective assistance of trial counsel for failing to expose or use body-mic/audio evidence and for investigative shortcomings.
- Grieco sought discovery and later attempted to supplement her petition with transcripts and correspondence; the State moved to strike the supplemental filings and moved for summary judgment.
- The trial court struck the supplemental evidence for lack of leave, denied discovery (Grieco is a non-capital defendant), found many claims barred by res judicata, concluded Grieco failed to show that the allegedly unpreserved evidence was materially exculpatory or that state actors acted in bad faith, and dismissed the petition without an evidentiary hearing.
- On appeal the Second District affirmed: it held the trial court properly struck the supplement, properly applied res judicata to claims that could have been raised on direct appeal, and correctly found no operative facts showing bad faith or materially exculpatory evidence sufficient to trigger a due-process or Brady violation or to show counsel’s errors rendered Grieco’s plea involuntary.
Issues
| Issue | Grieco's Argument | State's Argument | Held |
|---|---|---|---|
| Trial court struck supplemental evidence filed after State's answer without leave | Supplement contained body-mic transcripts and correspondence that proved tampering and ineffective assistance; Grieco was unaware leave was required | Grieco filed supplements after the State's answer in violation of R.C. 2953.21(G) and Civ.R. 15; leave was required | Strike was proper; pro se status does not excuse statutory/ procedural requirements |
| Whether post-conviction petition warranted an evidentiary hearing on evidence-tampering/due process claims | Godsey washed Grieco's hands and discarded a towel that would have been materially exculpatory (DNA/GSR); prosecutors knew and withheld audio proving tampering | Grieco relied on record materials or materials available on direct appeal; she produced no operative facts showing the evidence was materially exculpatory or that police acted in bad faith | No hearing required: Grieco failed to show materially exculpatory evidence or bad faith; many claims were barred by res judicata |
| Brady and withholding of body-mic/audio evidence | Transcript/audio was material Brady evidence that prosecutors suppressed to secure indictment and plea | The transcript was part of the record available earlier; the transcript was not material to guilt and no suppression shown | Brady claim rejected: transcript not shown to be material; no evidence State withheld material evidence |
| Ineffective assistance / voluntariness of guilty plea; entitlement to relief based on counsel’s failures | Counsel failed to investigate, failed to present/raise tampering and Brady issues, failed to locate favorable witnesses, and pressured Grieco into pleading | Alleged deficiencies could have been raised on direct appeal; Grieco produced no affidavits or evidence identifying missing witnesses or showing a reasonable probability she would have gone to trial | Claims were largely barred by res judicata; plea colloquy and record showed plea was knowing, voluntary, and counsel’s performance not shown to have coerced plea; no hearing warranted |
| Discovery in post-conviction proceeding | Grieco demanded statements, documents, and evidence material to her petition | Non-capital post-conviction petitioners are not entitled to broad discovery | Trial court correctly denied discovery as to non-capital post-conviction proceeding |
Key Cases Cited
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (1990) (abuse-of-discretion standard explained)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (standards for dismissing post-conviction petitions without hearing)
- State v. Powell, 132 Ohio St.3d 233 (2012) (distinguishing materially exculpatory vs. potentially useful evidence)
- California v. Trombetta, 467 U.S. 479 (1984) (test for materially exculpatory evidence and preservation obligations)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose material exculpatory evidence)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective-assistance claims in plea context)
- Henderson v. Morgan, 426 U.S. 637 (1976) (plea involuntariness where defendant lacks understanding of charge)
- Bousley v. United States, 523 U.S. 614 (1998) (requirement of real notice of the nature of the charge)
- State v. Johnston, 39 Ohio St.3d 48 (1988) (Brady obligations under Ohio law)
- State v. Kapper, 5 Ohio St.3d 36 (1983) (post-conviction petitions must include operative facts to merit a hearing)