State v. Lewis
2017 Ohio 461
| Ohio Ct. App. | 2017Background
- In 2010 Lewis was tried and convicted by a jury of murder with firearm specifications; sentenced to 15 years to life plus consecutive firearm term. Conviction affirmed on direct appeal.
- Before trial defense raised competency concerns; court-ordered evaluations (Drs. Cerny, Saragoza, Noffsinger) and an independent psychiatrist (Dr. Connell) concluded Lewis was malingering and competent; counsel stipulated to competency reports.
- Post-conviction prison records (2011 onward) show onset/recognition of psychotic symptoms, involuntary-medication proceedings, and a reported diagnosis of possible schizophrenia or schizoaffective disorder in late 2011.
- In 2014 Lewis’s family retained Dr. Philip Dines, who (without examining Lewis) reviewed records and opined in 2014 that Lewis was likely incompetent in 2010.
- Lewis filed a delayed Crim.R. 33(A)(5) motion for a new trial in Jan. 2015, asserting he was incompetent at trial; the trial court held hearings and denied the motion.
- The court of appeals affirmed, finding Lewis failed to show by clear and convincing evidence he was unavoidably prevented from discovering the basis for a new-trial motion and that the new evidence would probably change the result.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lewis) | Held |
|---|---|---|---|
| Timeliness / newly discovered evidence under Crim.R. 33 | The 2014 Dines opinion was untimely and Lewis was not unavoidably prevented from discovering evidence earlier; prior competency evaluations showed competence | Lewis argued later prison diagnoses and Dr. Dines’s review show he was incompetent at 2010 trial and that this evidence was newly discovered/unavailable earlier | Court: Lewis failed to show by clear and convincing evidence he was unavoidably prevented from discovering evidence within Crim.R. 33 deadlines; motion denied |
| Requirement for competency hearing under R.C. 2945.37 | Where parties (defense counsel) stipulated to competency reports, no additional hearing was required | Lewis contended competency was questioned and a hearing was mandatory | Court: Stipulations waived hearing requirement; competency presumed absent record showing otherwise; no error |
Key Cases Cited
- State v. Petro, 148 Ohio St. 505 (1947) (elements for new trial based on newly discovered evidence)
- State v. Bock, 28 Ohio St.3d 108 (1986) (definition of incompetency and distinction from mental illness)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion)
- State v. Schiebel, 55 Ohio St.3d 71 (1990) (Crim.R. 33 and appellate review standard)