State v. Kirkland (Slip Opinion)
140 Ohio St. 3d 73
| Ohio | 2014Background
- Defendant Anthony Kirkland was convicted of four murders with death specifications in Hamilton County.
- On trial day, Kirkland pled guilty to Mary Jo Newton and Kimya Rolison murders and to two counts of abuse of a corpse; jury convicted on remaining counts and recommended death.
- Victims Esme K. (age 13) and Casonya C. (age 14) were killed in 2006–2009; Esme's death involved strangulation and rape-related evidence, Casonya's involved burning and sexual-assault indicators.
- Evidence showed multiple bodies found in secluded areas, with arson devices and DNA linking Kirkland to Esme; a 2007 interview included inconsistent confessions.
- Kylah W., then 13, testified that Kirkland exposed himself and offered money for sex; this testimony was admitted during the penalty phase over objection.
- The court conducted an independent sentence evaluation after finding improper prosecutorial comments in the penalty phase, ultimately affirming death sentences for two murders and weights of mitigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Kylah W. testimony | Kylah's acts show motive for rape; admissible as 404(B) evidence. | Evid.R. 404(B) barred to prove character; highly prejudicial. | Admission not abused; testimony admissible for motive/intent with limiting instructions. |
| Ineffective assistance of counsel | Defense timely presented mitigation and expert testimony; no deficient performance proven. | Counsel failed to test for serotonin; impact on outcome unknown. | Direct-appeal prejudice not shown; no reversal on ineffective-assistance grounds. |
| Prosecutorial misconduct in penalty phase | Closing arguments urged death as only punishment; argued mitigating factors improperly. | Arguments were fair and within permissible boundaries guiding deliberations. | Misconduct occurred and was prejudicial; independent sentence review cures part, but not remand for new sentencing here. |
| Automatic-death-juror and voir dire | Counsel failed to filter automatic-death jurors; ineffective voir dire. | At least one automatic-death juror was removed; not deficient. | Insufficient showing of deficient performance or prejudice; proposition rejected. |
| Sufficiency of attempted rape/robbery evidence (Casonya C.) | Offers of money plus sexual implications and burning evidence support attempted rape/robbery. | Record lacks direct evidence of rape intent; burning evidence inconclusive. | Evidence insufficient for attempted rape conviction; conviction reversed for that charge, but death sentence otherwise affirmed via independent review. |
Key Cases Cited
- State v. Morris, 132 Ohio St.3d 337 (2012-Ohio-2407) (abuse of discretion standard for evidentiary rulings under Evid.R. 404(B))
- State v. Hymore, 9 Ohio St.2d 122 (1967) (abuse-of-discretion framework for evidentiary rulings)
- State v. Williams, 134 Ohio St.3d 521 (2012-Ohio-5695) (evidence admissibility under 404(B) with 403 balancing)
- State v. Hale, 119 Ohio St.3d 118 (2008-Ohio-3426) (penalty-phase closing arguments and mitigating evidence)
- State v. Gumm, 73 Ohio St.3d 413 (1995) (independent review of death sentence curing some penalty-phase errors)
- State v. Dixon, 101 Ohio St.3d 328 (2004-Ohio-1585) (jury must find aggravating factors; aligns with Ring/Clemons framework)
- State v. Tenace, 109 Ohio St.3d 255 (2006-Ohio-2417) (comparison of mitigating factors with Tenace-style childhood adversity)