State v. Keith
948 N.E.2d 976
Ohio Ct. App.2011Background
- Keith was indicted in 1994 on three counts of aggravated murder with capital specifications and three counts of attempted aggravated murder.
- He was convicted by a jury, and death sentences were imposed for the aggravated-murder counts; attempted murders received concurrent terms.
- Keith challenged the conviction on direct and postconviction appeals; numerous proceedings occurred, including petitions for postconviction relief and habeas corpus, all denied or resolved against him.
- In 2007–2010 Keith sought leave to file a delayed motion for a new trial based on newly discovered evidence (NDE) and filed an underlying NDE motion.
- Keith argued NDE involved a radio log and a police-bullet casing claim; the trial court denied leave and the NDE motion, which this court affirmed.
- Governor later commuted Keith’s sentence to life without parole in 2010; this opinion affirms denial of leave and the NDE motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion by denying leave without a hearing | Keith argues unavoidably prevented discovery warranted a hearing. | Keith failed Crim.R. 33 timing and diligence; evidence not material. | No abuse; no material impact on guilt. |
| Whether the court applied the correct standard for NDE when evidence was exculpatory | Brady/Johnston standard requires materiality, not mere standard NDE. | Standard debate; no sufficient materiality to merit new trial. | Incorrect standard not shown; evidence immaterial. |
| Whether res judicata barred Keith's NDE claims | New evidence issues could overcome previous final judgments. | Claims were known or already explored; res judicata applies. | moot after finding no grounds for new trial. |
| Whether the court should have ruled on Youngblood-based due process | State failed to preserve potentially useful evidence; due process violated. | Geessin framework requires bad faith for potentially useful evidence. | moot; no due process remedy needed. |
Key Cases Cited
- State v. Johnston, 39 Ohio St.3d 48 (1988) (materiality standard for suppression evidence under due process)
- United States v. Agurs, 427 U.S. 97 (1976) (materiality of suppressed evidence for due process)
- United States v. Bagley, 473 U.S. 667 (1985) (materiality standard for exculpatory information)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (standard of proof in civil/criminal transition; evidentiary burden)
- State v. Jackson, 107 Ohio St.3d 53 (2005) (materiality and due process standard for suppressed evidence)
- State v. Geeslin, 116 Ohio St.3d 252 (2007) (bad faith requirement when evidence only potentially useful (Youngblood context))