2018 Ohio 2318
Ohio Ct. App.2018Background
- Kareem M. Jackson was sentenced to death in 1998 for two aggravated murders; convictions affirmed on direct appeal.
- Jackson previously pursued and lost state postconviction and federal habeas challenges.
- In January 2017 Jackson moved for leave to file a Crim.R. 33 motion for a new mitigation trial, arguing Ohio’s death-penalty scheme is unconstitutional under Hurst v. Florida.
- He claimed Ohio’s statute allows judicial fact-finding after a jury recommendation, violating the Sixth and Fourteenth Amendments and making his sentence contrary to law/insufficiently supported.
- The trial court denied leave; Jackson appealed. The appellate court stayed the case pending the Ohio Supreme Court’s decision in State v. Mason.
- After Mason held Ohio’s statute constitutional under Hurst, the appellate court applied Mason and affirmed the trial court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hurst v. Florida renders Ohio's death-penalty statute unconstitutional | State: Ohio's scheme complies with Hurst and need not be invalidated | Jackson: Hurst makes Ohio's statute unconstitutional because judges may independently find facts after a jury recommendation | Court: Rejected Jackson; bound by Ohio Supreme Court in Mason that Ohio's statute satisfies the Sixth and Fourteenth Amendments |
| Whether Jackson is entitled to leave to file a Crim.R. 33 motion for a new mitigation trial | State: Deny leave because Ohio law remains constitutional post-Hurst | Jackson: Leave warranted because his death sentence rests on impermissible judicial fact-finding | Court: Denial affirmed — no basis for new mitigation trial under Hurst as interpreted in Mason |
Key Cases Cited
- State v. Jackson, 92 Ohio St.3d 436 (2001) (direct appeal affirming convictions and death sentence)
- Hurst v. Florida, 136 S.Ct. 616 (2016) (Florida scheme struck down for requiring judicial fact-finding beyond jury verdict)
- Blakely v. Washington, 542 U.S. 296 (2004) (judge’s sentencing authority must derive from jury verdict)
- State v. Roberts, 110 Ohio St.3d 71 (2006) (discusses judge’s role in Ohio sentencing and independent decision whether to impose death)
- Jackson v. Bradshaw, 681 F.3d 753 (6th Cir. 2012) (federal habeas review of Jackson’s convictions)