State v. Kemp
2024 Ohio 1276
Ohio Ct. App.2024Background
- Jermaine Kemp was convicted of two counts of aggravated murder, one count of attempted aggravated murder, two counts of murder, three counts of felonious assault, and two counts of having weapons while under disability in Cuyahoga County, Ohio.
- The case arose from a series of shootings involving Kemp, Willie Brantley, Joseph Watson, and Chrystal Mahlar following a dispute over missing drugs during and after moving Kemp's belongings.
- At trial, evidence showed Kemp accused Watson of theft, later shot at Watson and Mahlar in a vehicle, and then shot Brantley after having Rogers drive them to a field.
- The primary evidence tying Kemp to the crime included Brantley’s eyewitness testimony, 911 calls, witness statements, and forensic evidence linking all shootings to the same weapon (which was not the firearm found on Watson).
- Kemp was tried on most counts before a jury (weapons counts to the bench) and received two life sentences plus 20 years. He appealed, citing ineffective assistance of counsel and claiming the verdicts were against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective Assistance of Counsel | Counsel was not deficient—no evidence supported self-defense, so not arguing it was reasonable | Counsel was deficient for not pursuing a self-defense theory | Counsel was not ineffective; no evidence supported a self-defense claim |
| Manifest Weight of the Evidence | Brantley’s account was corroborated by physical evidence and other witnesses | Verdict rests almost entirely on Brantley’s not credible testimony | Verdict was not against the manifest weight; corroborating evidence supported conviction |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (sets out the two-prong test for ineffective assistance of counsel)
- State v. Barnes, 94 Ohio St.3d 21 (sets out elements of self-defense under Ohio law)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest weight of evidence review)
- State v. Thomas, 77 Ohio St.3d 323 (self-defense assessment must account for a defendant's subjective perception under circumstances)