State v. Howard
59 N.E.3d 685
Ohio Ct. App.2016Background
- Timothy J. Howard was convicted by a jury of aggravated murder and evidence tampering for the death of his wife, Delilah; he was sentenced to life with parole eligibility after 20 years plus 3 years consecutive. Howard's conviction was affirmed on direct appeal.
- At trial medical testimony (Dr. Ward) concluded death was ligature strangulation (homicide); defense experts and testimony supported a hanging/suicide theory and disputed whether any single nail could have borne the victim’s weight. Suicide notes and disputed nail evidence were central.
- Years after conviction Howard’s new counsel obtained: (1) Netcare mental-health records showing prior suicide attempts and suicidal ideation; (2) an affidavit/report from Franklin County Coroner Dr. Gorniak changing cause/manner on a supplemental death certificate; and (3) Detective Barnett’s report/contact information and affidavits from friends (Allen, Minturn).
- Howard filed a delayed Crim.R. 33 motion for leave to file a motion for new trial and an untimely postconviction petition, asserting newly discovered evidence, prosecutorial misconduct (Brady), and ineffective assistance of counsel for failing to investigate/obtain Netcare records and to locate Detective Barnett.
- The trial court denied leave and dismissed the postconviction petition without a hearing. On appeal the court: (a) affirmed denial as to affidavits from Allen and Minturn and as to claims based solely on Gorniak’s supplemental certification; (b) reversed in part, holding Howard was unavoidably prevented from discovering Netcare records and Barnett’s contact info, and that counsel’s failure to investigate warranted a hearing on ineffective assistance; (c) remanded with instructions to grant leave to file a new-trial motion on specified grounds and to hold a postconviction hearing on ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Howard was unavoidably prevented (Crim.R.33 / R.C.2953.23) from discovering new evidence (Netcare records, Barnett info, Gorniak report) to permit delayed motions | State: Howard and counsel could have obtained records earlier; evidence not newly discoverable or is cumulative; some claims untimely or speculative | Howard: trial counsel failed to investigate (Netcare, Barnett); new evidence was not discoverable earlier (Gorniak report issued later) | Court: Howard was unavoidably prevented as to Netcare and Barnett and as to Gorniak supplement; not so as to Allen/Minturn affidavits; grant leave to file new-trial motion on Netcare, Barnett, Gorniak evidence |
| Whether postconviction petition was timely and whether an evidentiary hearing was required on ineffective assistance | State: Petition untimely; Howard did not meet statutory exceptions; dismissal appropriate without hearing | Howard: untimely filing excused because he was unavoidably prevented from discovering key facts due to counsel’s failures; alleged Strickland violations warrant a hearing | Court: Petition untimely but Howard met unavoidable-prevention exception as to counsel’s failure to obtain Netcare records and Barnett info; remand for hearing on ineffective assistance claim |
| Whether supplemental medical certification and Gorniak report show prosecutorial use of false evidence or actual innocence supporting postconviction relief | State: New coroner opinion is not proof prosecutors knew of false testimony; later opinion is not a recantation and does not establish constitutional error | Howard: Gorniak’s change undermines original medical testimony and the official death certificate, showing false evidence or at least new exculpatory evidence | Held: Court rejected claim that Gorniak report establishes prosecutorial knowledge of false evidence or constitutional violation; supplemental report alone insufficient for postconviction relief on those grounds, though it supports leave for new-trial filing |
| Whether defense counsel was ineffective for failing to obtain Netcare records and to locate Barnett, and whether prejudice undermines confidence in verdict | State: Defense should have exercised diligence; some evidence arguably cumulative; failure to locate witnesses not fatal to verdict | Howard: counsel’s admitted failure to get Netcare and Barnett info prevented presentation of corroborating evidence of suicide (prior attempts, Barnett’s report corroborating multi-nail theory), likely changing outcome | Court: Counsel’s failure to investigate Netcare and Barnett constituted sufficient operative facts under Strickland to require an evidentiary hearing; prejudice shown such that reasonable probability exists the outcome could differ |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Napue v. Illinois, 360 U.S. 264 (State’s use/allowance of false testimony violates due process)
- Kyles v. Whitley, 514 U.S. 419 (Brady materiality: reasonable probability of different result)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard)
- State v. Gondor, 112 Ohio St.3d 377 (standard of review for postconviction relief)
- State v. Calhoun, 86 Ohio St.3d 279 (when trial court may deny postconviction petition without hearing)