2022 Ohio 3228
Ohio Ct. App.2022Background:
- Richard Lenard was convicted by a jury (consolidated cases) of kidnapping and felonious assault; sentenced to an aggregate term of 14 years and four months.
- Lenard filed a pro se motion for a new trial 18 days after journalization (Crim.R. 33(B) 14‑day rule) alleging juror bias (Juror No. 5) and ineffective assistance of trial counsel.
- Lenard claimed he knew Juror No. 5 from high school, had a past altercation, and later learned (via an inmate) the juror posted about the case on social media; trial counsel had discussed the juror and kept him on the panel as strategy.
- The trial court denied the new‑trial motion without a hearing; Lenard also pursued postconviction relief on the juror issue, which was denied and affirmed on appeal (Lenard II).
- The appellate court held Lenard’s new‑trial claims untimely and barred by res judicata, and relied on the prior appellate decision finding the juror transcript did not show actual bias and counsel was not ineffective.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lenard) | Held |
|---|---|---|---|
| Motion for new trial based on juror bias | Motion untimely; evidence not newly discovered; res judicata; juror transcript is incompetent or does not show bias | Juror No. 5 had preexisting bad blood and later social‑media statements showing predetermined bias | Denied — motion untimely, not newly discovered evidence; barred by res judicata; prior record (transcript) does not show actual bias |
| Ineffective assistance for failing to remove biased juror | Counsel exercised strategy in keeping juror; no showing juror was actually biased; claim already adjudicated | Trial counsel breached duty by permitting a biased juror, depriving Lenard of a fair jury | Denied — claim barred by res judicata; defendant failed to show actual juror bias or counsel ineffectiveness |
Key Cases Cited
- State v. Schiebel, 55 Ohio St.3d 71, 564 N.E.2d 54 (1990) (new‑trial rulings reviewed for abuse of discretion)
- State v. Adams, 62 Ohio St.2d 151, 404 N.E.2d 144 (1980) (abuse of discretion defined)
- AAAA Enterprises, Inc. v. River Place Community Redevelopment, 50 Ohio St.3d 157, 553 N.E.2d 597 (1990) (reasonableness/decision‑making standard)
- State v. Szefcyk, 77 Ohio St.3d 93, 671 N.E.2d 233 (1996) (res judicata bars claims that could have been raised on direct appeal)
- State v. Mundt, 115 Ohio St.3d 22, 873 N.E.2d 828 (2007) (to prevail on juror‑bias ineffective‑assistance claim, defendant must show actual bias)
- Miller v. Francis, 269 F.3d 609 (6th Cir. 2001) (federal discussion cited for standard on juror bias proof)