State v. New
2016 Ohio 7730
| Ohio Ct. App. | 2016Background
- In 1976 Dorothy Spencer was found with a gunshot wound to the head and later died; Bobby New was the primary suspect based on their relationship, prior threats/assaults, and that he had borrowed a Colt .38 revolver that was never returned.
- Initial 1976 grand jury returned a no-bill; a phone trace later indicated an anonymous call to emergency services originated from the neighboring Strader residence; the Straders testified before the grand jury and denied New was there.
- The case remained cold until 2010 when Perry Strader reported his parents and New were together the night of the shooting and that New admitted arguing with, striking, and shooting Spencer; this prompted a new grand jury indictment for murder (R.C. 2903.02(A)).
- New moved to dismiss for pre-indictment delay; the trial court granted dismissal, this Court (New I) reversed, finding the State justified the delay; the Supreme Court of Ohio law of the case doctrine was applied on remand to preclude relitigation of delay.
- Before trial New also sought dismissal for spoliation (missing identification for a potential alibi witness “Butch”); trial court denied dismissal, finding Butch’s testimony cumulative of other witnesses and no bad faith by the State.
- Jury convicted New of murder; he received 15 years to life and appealed, raising (1) pre-indictment delay, (2) spoliation due to missing witness info, (3) insufficiency of evidence (purpose), and (4) ineffective assistance for not requesting involuntary manslaughter instruction.
Issues
| Issue | State's Argument | New's Argument | Held |
|---|---|---|---|
| Whether pre-indictment delay required dismissal | Delay was justified; prior appellate decision (New I) already found justification | Delay prejudiced New and required balancing of prejudice vs. justification | Law of the case bars relitigation; issue rejected (pre-indictment delay previously decided) |
| Whether spoliation (lost ID for alibi witness “Butch”) warranted dismissal | Failure to preserve Butch’s ID did not show bad faith and testimony would be cumulative of other witnesses | Loss of Butch’s ID deprived New of materially exculpatory/potentially useful evidence | Denied: evidence was not materially exculpatory; potentially useful loss did not show State bad faith |
| Sufficiency of evidence to prove purposeful killing | Perry’s testimony (New admitted striking then shooting Spencer), shell casing match, and borrowed gun permit inference of purpose | Argued insufficient proof New acted purposely | Affirmed: evidence sufficient for a rational trier of fact to find purposeful killing |
| Ineffective assistance for failing to request involuntary manslaughter instruction | Trial counsel’s omission was tactical; presumption that strategy is reasonable | Counsel deficient for not requesting lesser-included instruction | Denied: no deficient performance shown; no Strickland relief |
Key Cases Cited
- Nolan v. Nolan, 11 Ohio St.3d 1 (Ohio 1984) (law of the case doctrine and mandate rule)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (standard for sufficiency review)
- Jenks v. Ohio, 61 Ohio St.3d 259 (Ohio 1991) (jury sufficiency standard)
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (bad-faith requirement for preservation of potentially useful evidence)
- California v. Trombetta, 467 U.S. 479 (U.S. 1984) (materially exculpatory evidence standard)
- State v. Powell, 132 Ohio St.3d 233 (Ohio 2012) (bad faith definition and preservation duties)
- State v. Geeslin, 116 Ohio St.3d 252 (Ohio 2007) (distinguishing materially exculpatory from potentially useful evidence)