State v. McKelton (Slip Opinion)
148 Ohio St. 3d 261
| Ohio | 2016Background
- Defendant Calvin McKelton was tried and convicted of the July 2008 murder of Margaret ("Missy") Allen and the February 2009 aggravated murder of Germaine ("Mick") Evans; jury recommended death for the Evans murder and the trial court imposed death after merger of death specifications.
- State’s case combined physical evidence from Allen’s home and body, cell‑phone records, multiple jailhouse/informant confessions by McKelton, eyewitness and circumstantial evidence, and evidence suggesting McKelton killed Evans to prevent his testimony about Allen’s death.
- Prosecutor withheld eight witness names under Crim.R.16(D) until just before trial; the trial court held an in camera review and affirmed nondisclosure.
- The trial court admitted numerous hearsay statements of the deceased Allen under Evid.R.804(B)(6) (forfeiture by wrongdoing), relying on evidence of an ongoing domestic‑violence relationship to infer purpose.
- Defense counsel sought to withdraw shortly before trial; request denied. Defense presented no witnesses in guilt phase and limited mitigation (three witnesses plus unsworn statement). Posttrial ineffective‑assistance and evidentiary claims were raised on appeal.
Issues
| Issue | McKelton's Argument | State's Argument | Held |
|---|---|---|---|
| Late nondisclosure of eight witnesses under Crim.R.16(D) | Prosecutor abused discretion and delayed disclosure prejudiced defense and violated Confrontation, Due Process, and effective‑assistance rights | Nondisclosure justified by reasonable, articulable danger to witnesses; names provided by trial start; defense had opportunity to confront | Trial court did not abuse discretion; constitutional claims rejected; no Strickland showing of prejudice established |
| Forfeiture by wrongdoing / Confrontation Clause for Allen’s statements | Admission improper because state’s theory was spontaneous or felony‑murder (no proof Allen was killed for purpose of preventing testimony) | Domestic‑violence history supports inference that one purpose of killing was to prevent reporting/testimony; Giles allows inference from surrounding circumstances | Admission under Evid.R.804(B)(6) upheld: purpose may be inferred from ongoing domestic‑violence evidence; Confrontation Clause not violated |
| Withdrawal of court‑appointed counsel and continuances | Counsel demonstrated breakdown in relationship and needed continuances; refusal deprived McKelton of fair trial and effective counsel | Counsel were competent and prepared; disagreements over strategy do not require substitution; continuances unwarranted | Denial of withdrawal and continuances was not an abuse of discretion; no Strickland prejudice established |
| Admission of prior inconsistent statements & use as substantive evidence (Gerald Wilson) | Playing recording and referring to it substantively violated hearsay rules and Confrontation protections | State properly impeached recanting witness under Evid.R.607/613; sufficient other corroborating confessions exist | Impeachment and playing recording admissible; prosecutor’s later factual reliance (closing) was error but harmless given other corroborating evidence |
| Ineffective assistance for mitigation investigation (failure to hire mitigation/mental‑health experts) | Counsel failed to investigate and present mitigation; inadequate mitigation presentation prejudiced sentencing | Counsel retained investigator and assessed experts; strategic choices permissible; no record proof of missing mitigating proof so Strickland prejudice not shown | Majority: no Strickland relief on direct appeal (insufficient record to show prejudice). Dissent (O’Neill) would apply Hester standard and would reverse death sentence for inadequate mitigation investigation |
| Sufficiency/manifest weight of evidence for Evans aggravated murder | Evidence insufficient and unreliable (informants, gaps, no weapon) | Confessions to multiple witnesses and corroborating circumstantial facts suffice | Evidence sufficient and conviction not against manifest weight; aggravated‑murder conviction upheld |
Key Cases Cited
- Giles v. California, 554 U.S. 353 (2008) (forfeiture‑by‑wrongdoing requires a showing that defendant intended to prevent testimony; intent may be inferred from surrounding circumstances, e.g., domestic violence)
- Reynolds v. United States, 98 U.S. 145 (1878) (historic roots of forfeiture doctrine)
- State v. Fry, 125 Ohio St.3d 163 (2010) (interpreting Evid.R.804(B)(6) and burden to show forfeiture by wrongdoing)
- State v. Hand, 107 Ohio St.3d 378 (2006) (Evid.R.804(B)(6) analysis)
- Jenks v. Ohio, 61 Ohio St.3d 259 (1991) (standard for sufficiency review in Ohio)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- Darden v. Wainwright, 477 U.S. 168 (1986) (prosecutorial‑misconduct standard under due process)
- State v. Hester, 45 Ohio St.2d 71 (1976) (Ohio standard — fair trial and substantial justice — applied by concurrence/dissent to ineffective‑assistance in mitigation)