State v. Hunter
131 Ohio St. 3d 67
| Ohio | 2011Background
- Hunter, a three-judge panel convicted Hunter of aggravated murder and rape of Trustin Blue (3), plus child endangerment; death penalty based on two specs: (A) aggravated murder while committing or attempting to commit rape, and (B) aggravated murder of a child under 13; sentences consecutive to life without parole for rape and eight years for endangerment.
- Trustin lived with Hunter and Luzmilda Blue; prior injuries in 2004 led to hospital visits and removal from home; later injuries in 2006 occurred while under Hunter’s care.
- Dr. Makoroff concluded Trustin’s injuries included head trauma and a deep anal tear, not consistent with a fall down stairs; autopsy by Dr. Stephens showed diffuse brain injury, anal tear, and rectal perforations suggesting object insertion.
- Hunter gave a videotaped statement denying injury and claiming accident; defense introduced a physician’s report and a medical study during cross-examination.
- Defense challenges included ineffective assistance claims across guilt and penalty phases, and various trial-management rulings; the court upheld the convictions and death sentence, and denied relief on the challenged defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel standard and ABA guidelines applicability | Hunter argues ABA guidelines control reasonableness of counsel | State contends guidelines are only guides, not definitions of reasonableness | ABA guidelines are guides; Strickland standard governs; no prejudice shown |
| Jury waiver vs three-judge panel effectiveness | Waiver deprived Hunter of jury’s mitigative influence | Waiver voluntary; three-judge panel permissible by defense strategy | Waiver voluntary; no ineffective-assistance finding |
| Continuance request for mitigation preparations | Failure to delay prejudiced defense | Counsel’s continuances were reasonable and strategic | No deficient performance; continuances reasonable |
| Failure to call mitigation experts and other defense witnesses | Lack of mitigation expertise weakened defense | Counsel obtained mitigation resources; record shows mitigation effort | No deficient performance; record supports strategy |
| Admission of other-acts evidence about prior abuse | Uncharged acts prejudicial and irrelevant to charged conduct | Evidence relevant to rebut accident theory and establish motive/intent | Admissible under Evid.R. 404(B); differences affect weight, not admissibility |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes two-prong test for ineffective assistance)
- Bradley, 42 Ohio St.3d 136 (Ohio 1989) (procedure for reviewing IAC in Ohio cases)
- State v. Keith, 79 Ohio St.3d 514 (Ohio 1997) (retention vs Sup.R. 65 qualifications in capital cases)
- State v. Issa, 93 Ohio St.3d 49 (Ohio 2001) (reiterates role of international-law arguments in death-penalty cases)
- State v. Frazier, 115 Ohio St.3d 139 (Ohio 2007) (mitigation and penalty-phase standards guidance)