State v. Lloyd
2021 Ohio 1808
Ohio Ct. App.2021Background
- In Feb. 2019 Cronie W. Lloyd was indicted for murder (R.C. 2903.02(B)) and felonious assault (R.C. 2903.11(A)(1)) after a single unprovoked punch knocked 83‑year‑old Gary Power unconscious; Power hit his head, later died, and autopsy ruled homicide from blunt‑force head injury.
- Surveillance video captured the incident; DNA evidence (a cigarette and swab) linked Lloyd to the scene; Lloyd fled without rendering aid.
- Jury convicted Lloyd of murder and felonious assault; he was sentenced to life with parole possible after 15 years.
- On appeal Lloyd raised five assignments of error: (1) improper removal for cause of a juror, (2–3) ineffective assistance for failing to request lesser‑included/inferior instructions (assault, involuntary manslaughter, aggravated assault/voluntary manslaughter), (4) plain error for failure to sua sponte instruct on those offenses, and (5) insufficiency of evidence for felonious assault and felony‑murder.
- The court reviewed juror removal for abuse of discretion, ineffective assistance under Strickland, and plain error doctrine; it analyzed whether the trial evidence would have reasonably supported lesser or inferior offense instructions and whether a reasonable juror could find Lloyd acted knowingly and caused serious physical harm.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lloyd) | Held |
|---|---|---|---|
| Jury removal for cause of Juror No.7 | Juror’s statements showed bias against the State; excusal for cause appropriate | Excusal was improper and gave the State an extra peremptory strike | Trial court didn’t abuse discretion; juror expressed inability to be fair, excusal affirmed |
| Failure to request instructions on lesser included offenses (assault; involuntary manslaughter) | No instruction warranted because evidence showed serious physical harm and felony elements were supported | Counsel ineffective for not requesting instructions that the evidence supported | Counsel’s omission was reasonable all‑or‑nothing strategy; not ineffective; no relief |
| Failure to request inferior‑degree instruction (aggravated assault / voluntary manslaughter) | No instruction warranted because provocation was not reasonably sufficient | Counsel ineffective for not requesting an aggravated‑assault instruction | Counsel pursued acquittal strategy; decision reasonable; no ineffective assistance |
| Plain error from court’s failure to sua sponte instruct on lesser/inferior offenses | No plain error because counsel waived/requested no such instructions and evidence did not warrant them | Trial court erred by failing to instruct sua sponte, causing disproportionate sentence | No plain error: Clayton/Wine doctrine bars reversal where failure tracks counsel’s reasonable strategy; alternatively, evidence did not support lesser/inferior instructions |
| Sufficiency of evidence for felonious assault and felony‑murder | Evidence (video, witness, forensic, medical) supports that Lloyd knowingly caused serious physical harm leading to death | A single punch could not make serious physical harm a probable result; evidence insufficient | Sufficient evidence: a forceful, unprovoked punch knocking victim unconscious and resulting fatal head injury supports knowingly causing serious physical harm; convictions affirmed |
Key Cases Cited
- Duncan v. Louisiana, 391 U.S. 145 (protection of jury trial and impartial jury)
- McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548 (purpose of voir dire to expose juror bias)
- Smith v. Phillips, 455 U.S. 209 (impartial trier of fact standard)
- Skilling v. United States, 561 U.S. 358 (credibility/demeanor weight for juror impartiality)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- State v. Nields, 93 Ohio St.3d 6 (trial court discretion in juror impartiality)
- State v. Deem, 40 Ohio St.3d 205 (lesser‑included and inferior‑degree offense definitions)
- State v. Shane, 63 Ohio St.3d 630 (test for when lesser‑included instruction is required)
- State v. Clayton, 62 Ohio St.2d 45 (trial strategy waiver of lesser‑included instruction; plain error limits)
- State v. Wine, 140 Ohio St.3d 409 (clarifying Clayton; counsel strategy bars plain‑error reversal)
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency standard for criminal convictions)