State v. Jackson
2017 Ohio 2651
Ohio Ct. App.2017Background
- Jeremiah Jackson was convicted after a bench trial before a three-judge panel of aggravated murder and multiple related felonies from a multi-county 2009 crime spree; the panel found death-penalty specifications and sentenced him to death.
- Jackson waived a jury and was sentenced after a mitigation hearing where defense presented psychologist Dr. Fabian and mitigation on substance dependence, low intellectual functioning, family history, and psychosocial stressors.
- Jackson appealed to the Ohio Supreme Court, which affirmed convictions and death sentence; certiorari to the U.S. Supreme Court was denied.
- While the Ohio Supreme Court appeal was pending, Jackson filed a first postconviction petition raising 14 grounds (ineffective assistance at mitigation and trial, invalid jury waiver, racial disproportionality of death penalty, judicial bias, discovery and expert-funding requests, cumulative error, etc.).
- The trial court denied discovery and funding for experts and later dismissed the postconviction petition without an evidentiary hearing, finding res judicata barred some claims and that Jackson failed to plead sufficient operative facts for others. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Denial of discovery and expert funds in postconviction proceedings | Jackson argued discovery and funded experts (intellectual disability, sex-offender, substance-abuse) were necessary to develop claims | State argued Ohio law does not entitle petitioners to new discovery or funded experts in postconviction proceedings | Court: No error — Ohio law denies additional postconviction discovery and no statutory/constitutional right to appointed expert funding in postconviction proceedings |
| Ineffective assistance of counsel at mitigation | Jackson contended counsel failed to obtain/prepare adequate experts and fully investigate mitigating evidence (intellectual disability, substance abuse, sex-offender effects, family witnesses) | State argued mitigation was presented (Dr. Fabian reviewed records, interviewed family), additional evidence would be cumulative, and counsel’s choices were reasonable strategy; many claims were litigated on direct appeal | Court: No abuse of discretion — evidence attached to petition was cumulative or insufficient to show deficient performance or prejudice under Strickland; many issues were already rejected on direct appeal |
| Claims barred by res judicata (jury waiver, trial-phase IAC, disproportionality, judicial bias) | Jackson asserted some claims rested on evidence outside the record (affidavits/statistics) so res judicata should not apply | State argued the challenged issues were or could have been raised on direct appeal and largely rest in the trial record | Court: Res judicata bars several grounds (sixth, eighth, ninth, tenth, eleventh, twelfth, thirteenth) where claims could/should have been raised on direct appeal; limited claims relying solely on out-of-record affidavits were considered but dismissed for lack of operative facts |
| Jury-waiver voluntariness (reliance on counsel’s alleged promise) | Jackson alleged counsel told him he would avoid death if he waived a jury; he said this induced the waiver and produced an affidavit | State relied on on-the-record waiver colloquy and signed waiver stating no promises/threats induced the waiver | Court: Trial court erred in invoking res judicata for this out-of-record claim, but appellate majority found Jackson’s self-serving affidavit insufficient to overcome the written and on-the-record waiver and affirmed dismissal; one judge dissented, arguing the affidavit warranted a hearing |
Key Cases Cited
- Atkins v. Virginia, 536 U.S. 304 (2002) (rule on intellectual disability and capital sentencing)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance standard)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims that were or could have been raised on direct appeal)
- State v. Jackson, 141 Ohio St.3d 171 (2014) (Ohio Supreme Court decision affirming Jackson’s convictions and sentencing addressing mitigation/Atkins issues)
- State v. Steffen, 31 Ohio St.3d 111 (1987) (refusal to accept broad statistical proof of racial disparity in death penalty application)