State v. McKelton
2015 Ohio 4228
Ohio Ct. App.2015Background
- Calvin McKelton was convicted by a jury of multiple offenses, including murder and aggravated murder (one death sentence), for the killings of Margaret Allen and Germaine Lamar Evans, and was sentenced to death following an October 2010 trial.
- McKelton filed a timely, amended petition for postconviction relief raising 34 grounds (prosecutorial misconduct, ineffective assistance of counsel, evidentiary and Confrontation Clause claims, venue, counsel-of-choice, discovery, and requests for investigative funds/experts).
- The State moved for summary judgment; the trial court denied relief, discovery, and funding without an evidentiary hearing. McKelton appealed. His direct appeal remained pending before the Ohio Supreme Court.
- The trial court concluded many claims were barred by res judicata (could have been raised on direct appeal) and that McKelton failed to plead sufficient operative facts to warrant discovery, investigative funds, or an evidentiary hearing under R.C. 2953.21.
- The Twelfth District Court of Appeals affirmed, reviewing standards for summary dismissal of postconviction petitions, Brady/Giglio materiality rules, ineffective-assistance Strickland framework, and the limited statutory scope for discovery/funding in postconviction proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing was required on postconviction petition | McKelton: petition and exhibits alleged sufficient operative facts entitling him to hearing | Trial court/State: petition did not set forth operative facts showing constitutional error | Denied — no abuse of discretion; petition lacked sufficient operative facts under R.C. 2953.21(C) and Calhoun standard |
| Brady/Giglio nondisclosure claims (witness deals/credibility) | McKelton: State failed to disclose favorable evidence of witness deals/leniency that would impeach credibility | State: no proof witnesses received special treatment tied to their testimony; witnesses were cross-examined and received long sentences | Denied — McKelton failed to show material undisclosed evidence; claims lacked operative facts to warrant hearing |
| Ineffective assistance of trial counsel (failure to investigate/mitigate during sentencing) | McKelton: counsel failed to investigate family/medical history, obtain records, interview witnesses, and retain mitigation experts | State: issues either raised or could have been raised on direct appeal; counsel presumed effective absent operative facts | Denied — barred by res judicata or lacked operative facts to satisfy Strickland in postconviction context |
| Discovery and funding for experts in postconviction proceeding | McKelton: entitled to discovery and funds to pursue experts to develop claims | State: R.C. 2953.21 does not grant automatic discovery or funding; such relief is contingent on showing operative facts warranting a hearing | Denied — no statutory right to funding; discovery/funding not warranted absent showing that an evidentiary hearing is merited |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (standard for summary dismissal of postconviction petitions — operative facts requirement)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose favorable material evidence affecting guilt or punishment)
- Kyles v. Whitley, 514 U.S. 419 (1995) (Brady materiality assessed by reasonable probability of different outcome)
- Giglio v. United States, 405 U.S. 150 (1972) (impeachment evidence of witness deals is Brady/Giglio material)
- United States v. Bagley, 473 U.S. 667 (1985) (defines "reasonable probability" standard for materiality under Brady)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars issues that were or could have been raised on direct appeal)