State v. Lee
2021 Ohio 2925
Ohio Ct. App.2021Background
- Andre Lee was convicted in Cuyahoga C.P. of murder, felonious assault, carrying a concealed weapon, drug possession, and possessing criminal tools; the convictions and sentence were affirmed on direct appeal.
- Lee filed a timely App.R. 26(B) application to reopen his appeal, alleging ineffective assistance of appellate counsel for failing to raise multiple trial errors.
- The alleged trial errors included: denial of request to discharge trial counsel; failure to move to sever counts; failure to exclude forensic-testimony (Trace Metal/Griess) as unreliable; improper police opinion testimony and denial of mistrial; admission of two autopsy photographs; inclusion of a flight jury instruction; incomplete self-defense instructions; and that convictions were against the weight and sufficiency of the evidence.
- The court applied Strickland v. Washington (ineffective-assistance standard) and required Lee to show deficient appellate performance and prejudice (a reasonable probability the appeal outcome would differ).
- Key trial facts relevant to the issues: the forensic tests produced negative results favorable to Lee; Lee fled the murder scene and was arrested the next morning after a tip; the autopsy evidence corroborated the medical examiner’s testimony.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lee) | Held |
|---|---|---|---|
| 1. Trial court denied request to discharge appointed counsel | State: No good cause, no conflict; trial court acted within discretion | Lee: Court should have inquired/allowed substitution; denial was structural error | Denied reopening — Lee failed to show conflict/good cause or structural error; no prejudice shown |
| 2. Trial counsel failed to move to sever counts (murder vs. drug possession) | State: Joinder proper under Crim.R. 8(A); offenses related and trial-joining favored | Lee: Prejudiced by joint trial of unrelated charges | Denied — offenses were related and joinder permissible; no prejudice shown |
| 3. Failure to exclude Trace Metal/Griess testimony (Daubert) | State: Testimony admissible; results were negative and not prejudicial | Lee: Tests were irrelevant, inconclusive, and prejudicial; should have been excluded | Denied — tests produced results favorable to Lee; no prejudice from admission |
| 4. Police officer offered opinion undermining defendant’s credibility; mistrial denied | State: Officer testified about investigation/verification, not opinion on credibility | Lee: Officer’s testimony improperly vouched for credibility; warranted mistrial | Denied — testimony concerned investigatory verification, not an attack on credibility; mistrial properly denied |
| 5. Admission of two autopsy photographs | State: Photos corroborated medical examiner testimony and illustrated wounds | Lee: Cause of death was stipulated; photos were gruesome and prejudicial | Denied — trial court properly exercised discretion; photos corroborative and probative; no abuse or material prejudice |
| 6. Flight instruction given to jury | State: Evidence showed Lee fled and did not return; instruction supported by evidence | Lee: No basis for flight instruction; inclusion prejudicial | Denied — flight instruction supported by evidence of flight and arrest circumstances |
| 7. Self-defense jury instructions incomplete/inaccurate | State: Court used Ohio Jury Instructions (CR 421.21); instructions complete and accurate | Lee: Requested additional language; omission deprived due process | Denied — instructions mirrored Ohio Jury Instructions and were not prejudicial |
| 8. Convictions against manifest weight / insufficient evidence | State: Record contained sufficient evidence; jury verdict not a miscarriage | Lee: Convictions unsupported / against manifest weight | Denied — Lee failed to present cognizable argument in reopening; record supports sufficiency and weight of evidence |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio application of Strickland)
- United States v. Calabro, 467 F.2d 973 (2d Cir. 1972) (standards for substitution of counsel during trial)
- State v. Lott, 51 Ohio St.3d 160 (1990) (joinder and relatedness of charges)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency-of-the-evidence standard)
- State v. Woodards, 6 Ohio St.2d 14 (1966) (gruesome photographs admissibility rule)
- State v. Maurer, 15 Ohio St.3d 239 (1984) (trial court discretion on photographic evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight review)