State v. Lammkin
2019 Ohio 682
Ohio Ct. App.2019Background
- In August 2016 Lammkin was indicted for aggravated burglary, aggravated murder, murder, kidnapping, and having a weapon while under disability; firearm and repeat violent offender specifications attached to several counts. Trial occurred April–May 2018.
- Victim Jamie Garrett was shot and killed inside a residence on August 2, 2016; coroner found multiple gunshot wounds and ruled the death a homicide.
- Witnesses Isaiah Hogan and Adrianna Dawson testified Lammkin arrived angrily, forced or entered the house, confronted occupants, and shot Garrett while Garrett was unarmed and attempting to defuse the situation; witnesses heard Lammkin invoke “UTG” after shooting.
- Lammkin testified he went to get his son, was let in (or had permission), was struck by Garrett, saw Garrett reach for a weapon, and fired in self-defense; he admitted possessing a firearm despite a 2016 felonious-assault conviction.
- Jury convicted Lammkin of aggravated burglary (with firearm spec), aggravated murder (with firearm spec), murder (merged at sentencing), and having a weapon while under disability; trial court found repeat violent offender specs and sentenced Lammkin to life without parole plus 36 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions were against the manifest weight of the evidence | State: witness testimony and physical evidence support that Lammkin unlawfully entered, formed criminal intent, and purposefully killed Garrett | Lammkin: acted in self-defense after being struck and seeing Garrett reach for a weapon; had permission to be there to pick up his son | Affirmed — convictions not against manifest weight |
| Whether self-defense justification precluded aggravated murder conviction | State: evidence (witnesses) shows Lammkin was the aggressor and shots were unjustified | Lammkin: his testimony showed he reasonably believed deadly force was necessary | Rejected — jury credited state witnesses over defendant; self-defense not proven by preponderance |
| Whether entry was trespass with intent to commit a crime (aggravated burglary) | State: hostile conduct and statements, plus formation of intent during trespass, support aggravated burglary | Lammkin: had permission/invitation to pick up his son, so no trespass or criminal intent | Rejected — jury could disbelieve invitation and infer entry (e.g., via back door) and that intent formed during stay |
Key Cases Cited
- State v. DeHass, 10 Ohio St.2d 230 (establishes appellate deference to factfinder credibility determinations)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest-weight review; reversal only in exceptional cases)
- Tibbs v. Florida, 457 U.S. 31 (appellate role when reassessing weight of the evidence)
- State v. Barnes, 94 Ohio St.3d 21 (self-defense burden and elements)
- State v. Fontes, 87 Ohio St.3d 527 (intent for aggravated burglary may form during trespass)
- State v. Powell, 59 Ohio St.3d 62 (aggravated-burglary trespass continues while defendant remains in structure)