2017 Ohio 9308
Ohio Ct. App.2017Background
- In 1990 Robert O. Hayden was convicted of raping his girlfriend and sentenced to 10–25 years; since then he has pursued at least nine appeals and multiple post-conviction motions.
- In January 2017 Hayden filed a motion for a new trial relying on trial testimony of Miami Valley Regional Crime Lab criminalist Laura Kiddon and a lab report, arguing Kiddon’s testimony showed his blood group was not found in semen from the victim.
- Hayden alleged prosecutorial misconduct—claiming the prosecutor improperly argued that the semen was his—and alleged Kiddon committed perjury.
- The trial court denied the new-trial motion on February 7, 2017; Hayden appealed.
- The appellate court found multiple procedural and substantive defects in Hayden’s motion and affidavit (filed after the denial), including untimeliness, failure to seek leave to file, res judicata, and prior consideration of the blood-typing/DNA issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of new-trial motion | N/A | Hayden argued the Kiddon testimony/newspaper lab report warranted a new trial despite the long delay | Motion was untimely under R.C. 2945.80 and Crim.R. 33(B); no finding of unavoidable prevention; denied |
| Leave to file untimely motion | N/A | Hayden did not request leave to file an untimely motion | Failure to request leave barred consideration |
| Res judicata | State: issues already litigated/available on direct appeal | Hayden: testimony and report produced newly relevant exculpatory information | Res judicata barred re-litigation of issues that were or could have been raised on direct appeal; denied |
| Substantive claim (blood typing/DNA exoneration) | N/A | Hayden claimed Kiddon’s testimony excluded him because his blood group was not found in victim’s samples; alleged prosecutor misconduct in closing | Court found the blood-typing/DNA arguments had been previously considered and rejected; prior DNA testing showed a mixture consistent with both Hayden and the victim; claim fails |
Key Cases Cited
- State v. Hayden, 1991 WL 215065 (Ohio Ct. App.) (background of prior appeals and procedural history)
- State v. Hayden, 1997 WL 752614 (Ohio Ct. App.) (post-conviction remand history)
- State v. Hayden, 2012-Ohio-6183 (Ohio Ct. App.) (prior rejection of similar blood-typing/DNA arguments)