State v. Jackson (Slip Opinion)
141 Ohio St. 3d 171
| Ohio | 2014Background
- Between June 2–18, 2009 Jeremiah Jackson committed a series of armed robberies across Cuyahoga, Erie, and Lorain counties, shot Stanley Bentley (attempted murder), and during a June 18 Soap Opera Laundry robbery shot and killed employee Tracy Pickryl and shot at employee Christy Diaz (attempted murder). Jackson later confessed.
- Police seized a .380 handgun at arrest; forensics and surveillance linked Jackson to multiple robberies. Jackson testified and admitted the killings but said he did not intend to kill Pickryl (claimed he fired to scare her).
- Jackson was indicted on multiple counts including three aggravated-murder counts and accompanying death-penalty specifications (course-of-conduct and felony-murder specs). He waived a jury and was tried before a three-judge panel, which convicted him and imposed death.
- Pretrial: the trial court sua sponte held a limited hearing addressing whether defense should pursue an Atkins (intellectual disability) claim after defense experts gave differing IQ results (WAIS-IV 75 vs. WASI/GAMA ~87). The court did not rule Atkins but elicited expert testimony.
- Penalty-phase mitigation presented cognitive impairment (IQ 75), substance dependence (heavy PCP, marijuana, cocaine, alcohol), family history and alleged childhood abuse; the panel gave limited mitigating weight and concluded aggravators outweighed mitigators.
Issues
| Issue | Jackson's Argument | State's Argument | Held |
|---|---|---|---|
| Trial court’s sua sponte Atkins hearing / judicial bias | Court improperly ordered an unsolicited Atkins hearing, showing bias and interfering with defense strategy; hearing was incomplete | The court acted to ensure Atkins was considered (to avoid waiver); hearing was limited, neutral, and elicited expert evidence favorable to defense | No bias or prejudice; limited hearing permissible to build record; no prejudice shown and proposition overruled |
| Validity of jury-waiver (competence / headache) | Waiver not voluntary/knowing because Jackson reported a severe headache and counsel said he was "delusional" | Jackson signed a written waiver, colloquy addressed his complaint, he declined a recess, and was competent per evaluations | Waiver was voluntary, knowing, and intelligent; accepted by court; proposition overruled |
| Grand-jury jurisdiction & venue for crimes in other counties | Cuyahoga grand jury lacked jurisdiction and venue over offenses in Erie and Lorain; indictment insufficiently specified county | R.C. 2901.12 allows trying related offenses committed across jurisdictions as part of a course of criminal conduct; indictment plus bill of particulars provided notice | Cuyahoga grand jury had authority and venue was proper because robberies formed a course of criminal conduct; any indictment labeling errors waived at trial; proposition overruled |
| Shackling during trial | Shackling (ankle restraints) imposed without hearing and prejudiced defense / counsel | Proceedings were before a three-judge panel (bench), restraints not visible to jurors; handcuffs removed and ankle shackles used to permit communication | No abuse of discretion; no prejudice because bench can disregard restraints; proposition overruled |
| Failure to advise Fifth Amendment before defendant testified | Court should have on-record advised Jackson of right not to testify to ensure valid waiver | Courts are not required to sua sponte interrogate silent defendants about waiver of right to testify; counsel responsible for advising defendant | No inquiry required; no structural error shown; proposition overruled |
| Ineffective assistance of counsel re mitigation and Atkins investigation | Counsel failed to fully investigate adaptive functioning, prepare mitigation experts, object to court actions, and object to prosecutor’s penalty argument | Counsel consulted and relied on qualified mitigation expert (Dr. Fabian), thoroughly investigated, and strategic choices were reasonable; panel presumed to consider only competent evidence | Strickland standard not met: counsel’s performance was reasonable and no prejudice shown; propositions overruled |
| Prosecutorial misconduct in penalty-phase argument | Prosecutor argued uncharged aggravators (e.g., witness-killing) and relied on other-robbery facts improperly | Prosecutor’s rebuttal of mitigation and focus on nature/circumstances was proper; panel presumed to weigh only relevant evidence | Some remarks improper (e.g., suggesting a witness-murder spec), but no plain error because panel was unbiased and considered only competent evidence; proposition overruled |
| Independent sentence review / proportionality | Death sentence excessive given mitigating evidence (low IQ, substance abuse, possible abuse history) | Aggravators (course-of-conduct killing, felony murder) supported death sentence; mitigators given appropriate weight | Court independently weighed aggravators/mitigators, found aggravators outweigh mitigators beyond a reasonable doubt, and upheld death as proportionate |
Key Cases Cited
- Atkins v. Virginia, 536 U.S. 304 (Eighth Amendment bars execution of intellectually disabled offenders)
- State v. Lott, 97 Ohio St.3d 303 (Ohio standard and procedures for Atkins claims; IQ>70 creates rebuttable presumption against mental retardation)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Deck v. Missouri, 544 U.S. 622 (right to be free of visible restraints at trial; exceptions and discretion)
- Hall v. Florida, 572 U.S. 701 (IQ within test margin of error permits introduction of additional evidence of intellectual disability)
- State v. Post, 32 Ohio St.3d 380 (bench presumed able to disregard irrelevant influences; sentencer presumed to consider only competent evidence)