State v. Krug
2018 Ohio 3248
Ohio Ct. App.2018Background
- In December 2007 Jon P. Krug got into a fight at Lake Effects bar; Harold Layne and owner Jason Reihner were stabbed and seriously injured. Krug was arrested and indicted on four counts of felonious assault (second-degree with RVO specifications) and one count of carrying a concealed weapon.
- At the April 2008 jury trial, 14 state witnesses and three defense witnesses (including Krug) testified; the jury convicted Krug on all five counts.
- The trial court found Krug a repeat violent offender and imposed a 37.5 year prison term. This court affirmed the convictions and sentence on direct appeal and later affirmed denial of a postconviction petition.
- In 2017 Krug sought (1) leave to file a delayed motion for new trial based on allegedly newly discovered witnesses/evidence, and (2) disclosure of a partial grand jury transcript (testimony of Mike Nichols). Both motions were denied by the trial court.
- Krug appealed both denials. The appellate court reviewed whether the trial court abused its discretion in (a) refusing to disclose grand jury testimony and (b) denying leave to file a delayed new-trial motion as untimely and not showing newly discovered evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grand jury transcript (Mike Nichols) must be disclosed | State: secrecy presumptively protects transcripts; disclosure only for particularized need | Krug: needs Nichols’ testimony to appeal and to support an ineffective-assistance claim | Trial court did not abuse discretion; Nichols’ grand jury testimony was not exculpatory and no particularized need shown |
| Whether leave to file a delayed motion for new trial should be granted | State: Crim.R.33 deadline and exceptions not met; witnesses were known and available pretrial | Krug: newly discovered evidence/witness affidavits (Nichols, Anderson, Sufilka) prevented timely filing | Denial affirmed: motion untimely (over 9 years post-verdict), no clear-and-convincing proof of unavoidable prevention; evidence was not newly discovered |
Key Cases Cited
- Greer v. State, 66 Ohio St.2d 139 (Ohio 1981) (grand jury secrecy and particularized-need standard for disclosure)
- Patterson v. State, 28 Ohio St.2d 181 (Ohio 1971) (grand jury secrecy principles)
- Brown v. State, 38 Ohio St.3d 305 (Ohio 1988) (denial of grand jury transcript reviewed for abuse of discretion)
- Coley v. State, 93 Ohio St.3d 253 (Ohio 2001) (discretion to release grand jury testimony reviewed under abuse-of-discretion standard)
- Hill v. State, 64 Ohio St.3d 313 (Ohio 1992) (standard of review for Crim.R.33 motions)
- Ferranto v. State, 112 Ohio St. 667 (Ohio 1925) (definition of abuse of discretion)