State v. Pepper
2014 Ohio 3841
Ohio Ct. App.2014Background
- Pepper appealing from conviction after negotiated guilty plea to one count of murder and 15 years to life sentence.
- Originally charged with aggravated murder; Pepper pleaded not guilty at outset.
- Pepper underwent a psychological evaluation assessing competence to stand trial and sanity at the time of the offense.
- Trial court admitted the examiner’s reports finding Pepper competent and sane; Pepper requested a second evaluation by his chosen examiner, which the court denied.
- Pepper entered a negotiated guilty plea to murder; post-plea, the court sentenced him to 15 years to life.
- Pepper appeals arguing (1) denial of a second psychological examination and (2) ineffective assistance for not filing a written NGRI plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying a second psychological examination | Pepper argues R.C. 2945.371(B) entitles independent evaluation when sanity is at issue. | Pepper contends the issue of sanity was raised by the evaluation and a second exam was required. | First assignment overruled; no mandatory second evaluation here. |
| Whether defense counsel was ineffective for not filing an NGRI plea | Pepper asserts lack of NGRI plea foregoes additional evaluation argument and counsel was ineffective. | Pepper argues an NGRI plea would have compelled a second evaluation and could have changed defense. | Second assignment overruled; plea waived ineffective-assistance challenge. |
Key Cases Cited
- State v. Fore, 18 Ohio App.2d 264 (4th Dist. 1969) (implied sanity from guilty plea; competency presumed after plea)
- State v. Denton, 1989 WL 159195 (2d Dist. Montgomery No. 11376) (plea of guilty waives competency issues)
- State v. Purcell, 107 Ohio App.3d 501 (1st Dist. 1995) (insanity defense arguments not supported by expert findings can be rejected)
- State v. Anaya, 2010-Ohio-6045, 947 N.E.2d 212 (6th Dist. 2010) (insanity defense viability reviewed in light of expert testimony)
- State v. Stivender, 2011-Ohio-247 (2d Dist. Montgomery No. 23973) (plea of guilty waives ineffective-assistance challenges except to extent plea not knowing)