State v. Hawkins
2014 Ohio 1224
Ohio Ct. App.2014Background
- Lee A. Hawkins was tried by jury and convicted of aggravated murder, tampering with evidence, and abuse of a corpse for the killing and disposal of Betsy Ball; physical and forensic evidence linked him to the crime (seminal and blood mixture on a towel, semen in victim, fingerprints on victim's vehicle, tire impressions).
- Victim was found in a field with multiple traumatic injuries and signs of sexual assault; cause of death was strangulation and manner homicide.
- Trial court sentenced Hawkins to life imprisonment without parole for aggravated murder and 36 months for tampering with evidence, ordered consecutively, and assessed court costs.
- Hawkins appealed, arguing (1) the life-without-parole sentence was an abuse of discretion/unreasonable and (2) he received ineffective assistance because counsel failed to move to waive court costs.
- The Fourth District reviewed whether it had authority to review an aggravated-murder sentence under R.C. 2953.08 and analyzed ineffective-assistance claim under Strickland and Ohio precedent about waiver of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court may review the reasonableness/abuse-of-discretion of a sentence of life without parole for aggravated murder | State: sentence was lawful and imposed under statutory aggravated-murder scheme | Hawkins: life-without-parole is excessive and unreasonable given his character and history | Court held it lacked statutory authority to perform evidentiary review of aggravated-murder sentence under R.C. 2953.08(D)(3); assignment overruled |
| Whether trial counsel was ineffective for not moving to waive court costs | State: costs are mandated by statute and record supports assessment | Hawkins: counsel should have moved to waive costs because he is indigent and cannot pay while imprisoned for life | Court held Hawkins failed to show prejudice or a reasonable probability the court would find him indigent given evidence of present ability to pay (employment history, married, owns trailer and truck); assignment overruled |
Key Cases Cited
- State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (two-step appellate review framework for felony sentences discussed)
- State v. Porterfield, 829 N.E.2d 690 (Ohio 2005) (R.C. 2953.08(D) bars appellate evidentiary review of aggravated-murder sentences)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- State v. Joseph, 926 N.E.2d 278 (Ohio 2010) (waiver of court costs permitted but not required for indigent defendants)