midpage
2019 Ohio 130
Ohio Ct. App.
2019
Read the full case

Background

  • Hakeem Henderson was convicted in Mahoning County of a pattern of corrupt activity and two counts of aggravated murder; this court affirmed the convictions on November 30, 2018.
  • Henderson timely filed an application for reconsideration and for en banc review alleging error in admitting a witness’s hearsay statement under the forfeiture-by-wrongdoing exception to the Confrontation Clause.
  • Henderson argued there was no proof he knowingly participated in a conspiracy or otherwise colluded to procure the witness’s absence from trial.
  • The panel previously applied the forfeiture-by-wrongdoing doctrine, finding the State met the preponderance standard that Henderson intentionally procured the witness’s unavailability, including through intermediaries and threats.
  • Henderson also challenged the use of hearsay at the pretrial forfeiture hearing and claimed a conflict with this court’s earlier Irwin decision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether application for reconsideration / en banc review should be granted State implicitly argues no basis for reconsideration or en banc because panel applied correct law Henderson says panel erred and (for en banc) that panel decision conflicts with Irwin Denied: no obvious error, no conflict with Irwin, en banc not warranted
Whether forfeiture-by-wrongdoing requires defendant personally to contact or directly threaten witness State relied on precedent that wrongdoing need not be a physical act or direct contact; intermediary conduct suffices Henderson contends exception requires proof of his knowing participation or direct collusion to procure absence Held: No, defendant need not personally contact witness; procuring can be through others acting on defendant’s behalf
Whether the evidence met preponderance standard that Henderson intentionally procured witness’s unavailability State presented circumstantial evidence, reports of threats/fear, and investigative attempts to contact witness Henderson argued evidence was insufficient, vague ("they say"), and did not identify who threatened witness Held: Preponderance of evidence supported finding Henderson participated in procuring witness’s absence; circumstantial proof allowed
Whether hearsay was improperly relied on at the admissibility hearing State relied on evidence presented at pretrial forfeiture hearing to show witness’s fear and procurement Henderson argued hearsay cannot be used to prove wrongdoing at such hearings Held: Trial court may consider hearsay and other out-of-court statements at preliminary admissibility hearings; rules of evidence are not strictly binding at such hearings

Key Cases Cited

  • Crawford v. Washington, 541 U.S. 36 (Confrontation Clause framework recognizing forfeiture-by-wrongdoing exception)
  • Davis v. Washington, 547 U.S. 813 (forfeiture doctrine covers acts that seek to undermine judicial process)
  • Giles v. California, 554 U.S. 353 (forfeiture applies where defendant’s wrongdoing procures witness’s absence; intermediary use discussed)
  • United States v. Matlock, 415 U.S. 164 (rules of evidence do not fully apply at preliminary admissibility/suppression hearings)
Read the full case

Case Details

Case Name: State v. Henderson
Court Name: Ohio Court of Appeals
Date Published: Jan 11, 2019
Citations: 2019 Ohio 130; 16 MA 0057
Docket Number: 16 MA 0057
Court Abbreviation: Ohio Ct. App.
Log In