State v. Mays
2012 Ohio 838
Ohio Ct. App.2012Background
- In April 2009 Mays and two others fired in College Hill Park, killing one man and injuring another.
- Mays was indicted on multiple felonious assault, felony murder, tampering with evidence, having weapons while under a disability, and inducing panic counts with firearm specifications.
- At first trial, Mays was convicted on some counts; the remaining counts ended in mistrial. At a second trial, he was convicted on the remaining counts.
- The court sentenced Mays to an aggregate 40 years to life, with some terms imposed consecutively and some merged among counts.
- The court merged certain felonies for the felony-murder sentence and imposed a 15-years-to-life term for felony murder.
- On review, two issues were found meritorious: improper court costs in the termination entry and disapproval of transitional control in the termination entry; the other concerns were resolved otherwise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felonious assault can predicate felony murder | Mays argues independent-felony/merger constraint bars it. | State contends no such merger limitation exists in Ohio law. | Felony murder predicate without merger limitation is valid. |
| Imposition of court costs without sentencing hearing notice | Mays argues costs must be discussed at sentencing to permit waiver. | State suggests waivers can be argued after sentencing if properly noticed. | Remand to allow waiver of court costs. |
| Use of termination entry to disapprove transitional control | Termination entry improperly denied transitional control. | State concedes error; remand to delete disapproval language. | Remand to delete from termination entry the statement disapproving transitional control. |
| Consecutive sentences following Foster | Foster requires judicial findings for consecutive terms. | Post-Foster standard permits discretionary consecutive sentences without mandated findings. | Consecutive sentences affirmed; no abuse of discretion found. |
Key Cases Cited
- State v. Cherry, 2002-Ohio-3738 (9th Dist. Summ No. 20771 (Ohio 2002)) (felony murder scope narrowly defined under R.C. 2903.02(B))
- State v. Pickett, 2001-Ohio-4022 (1st Dist. Hamilton No. C-000424 (Ohio 2001)) (limits of predicate offenses under felony murder statute)
- State v. Miller, 2002-Ohio-4931 (Supreme Court of Ohio) (distinguishes felonious assault vs. felony murder proof requirements)
- State v. Kalish, 2008-Ohio-4912 (Supreme Court of Ohio) (Kalish clarifies Foster's effect on reasons for consecutive sentences)
- State v. Dixon, 2002-WL-191582 (2d Dist. Montgomery) (proximate-cause approach to felony murder under Ohio law)
- State v. Foster, 2006-Ohio-856 (Supreme Court of Ohio) (severs mandatory judicial fact-finding for consecutive sentences)
- State v. Whitfield, 2010-Ohio-2 (Supreme Court of Ohio) (appellate review framework for consecutive sentences; statutes 2929.11-12 guidance)