State v. Messenger
2021 Ohio 2044
| Ohio Ct. App. | 2021Background
- Defendant Kandle G. Messenger was indicted for murder and felony-murder (both with three-year firearm specifications) for the February 25, 2019 shooting death of Richard Pack Jr.; Pack was shot 14 times and died.
- Messenger and Pack were stepbrothers; earlier that day Pack and Messenger had a physical altercation after Pack discovered Messenger’s relationship with Pack’s partner, Samantha.
- Later that evening Pack returned, a backyard confrontation occurred, Messenger followed Pack into the house while armed, and Messenger fired multiple rounds, killing Pack.
- Trial testimony conflicted on whether Pack threatened or was armed; the principal defense was self-defense under the then-recently amended R.C. 2901.05 allocation of burdens.
- Jury convicted Messenger of murder and the firearm specification; court merged counts and sentenced Messenger to 15 years to life plus 3 years (aggregate 18 years to life). Messenger appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Messenger) | Held |
|---|---|---|---|
| Sufficiency / burden to disprove self-defense after R.C. 2901.05 amendment | State argued it properly disproved self-defense and elements of murder were proven beyond a reasonable doubt | Messenger argued the state failed to disprove his self-defense claim (insufficient evidence) | Court held sufficiency review does not apply to affirmative defenses; treated Messenger's claim as a manifest-weight challenge and affirmed conviction — jury reasonably rejected self-defense |
| Manifest weight regarding self-defense | State: evidence (witnesses, shooting sequence, 14 shots) supports that Messenger was at fault/acted beyond reasonable belief of imminent harm | Messenger: his testimony showed he reasonably feared Pack would disarm him or kill him | Held jury did not lose its way; evidence supported conclusion Messenger did not reasonably fear imminent death/great bodily harm and was at fault in escalating confrontation |
| Admission of victim photographs | State: photos relevant to identity, scene, and location of body; probative value outweighed prejudice | Messenger: photos humanized victim and were unfairly prejudicial | Court found trial court did not abuse discretion admitting photos under Evid.R. 403(A) |
| Evidence of pretrial incarceration (visitation records) | State: relevant to ongoing romantic relationship and potential witness coaching | Messenger: visitation evidence undermined presumption of innocence; prejudicial | No plain error; trial court instructed jury on presumption of innocence; admission was not reversible error |
| Ineffective assistance of counsel (failure to object on multiple grounds; witness order) | State: many choices were strategic; objections would not likely have succeeded or changed outcome | Messenger: counsel’s omissions cumulatively prejudiced his defense | Court applied Strickland, found counsel not deficient or no prejudice shown; cumulative-error claim fails |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (defines sufficiency and weight standards in Ohio criminal appeals)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of the evidence standard under due process)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Engle v. Isaac, 456 U.S. 107 (1982) (state may assume burden on affirmative defense without making it an element of offense)
- Allen v. Redman, 858 F.2d 1194 (6th Cir. 1988) (burden-shifting on insanity defense does not convert insanity into an element of the offense)
- Tibbs v. Florida, 457 U.S. 31 (1982) (appellate court’s role when reviewing weight of the evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard for trial court rulings)
- State v. Hancock, 108 Ohio St.3d 57 (2006) (affirmative defenses and impact on sufficiency review)