State v. Purdin
2013 Ohio 22
Ohio Ct. App.2013Background
- Purdin was convicted of murder, felony murder, and reckless homicide in Adams County; Count I murder A was later dismissed.
- Police found Stunich, Kathleen’s son and Purdin’s stepson, shot in the hallway of Purdin’s home after a 911 call by Kathleen.
- Purdin claimed self-defense, asserting Stunich assaulted him in the living room and the confrontation moved to the hallway where he retrieved a rifle.
- Purdin testified he warned Stunich to stop, Stunich “came at” him, and Purdin shot Stunich three times; Kathleen called 911 and Purdin surrendered.
- Trial included late-night jury deliberations starting at about 9:00 p.m.; jurors asked questions but ultimately returned verdicts on Counts II and III with Count I deadlocked.
- On appeal, Purdin argued trial errors including late-night deliberations, prosecutorial misconduct, self-defense instructions, and ineffective assistance of counsel; the court denied relief and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did late-night deliberations deprive fair trial | Purdin asserts delay violated rights | State notes no fatigue or coercion; jurors persisted | No plain error; deliberations not coercive |
| Prosecutorial misconduct during trial | State misconduct affected fairness | Any conduct was not prejudicial; curative measures used | No reversible error; overall trial fair |
| Conviction against manifest weight given self-defense | Evidence showed self-defense | Jury credibility choices support rejection of self-defense | Not against manifest weight; sufficient evidence supporting conviction |
| Efficient assistance of counsel re self-defense instructions | Instructions improperly implied duty to retreat | Instructions properly stated law; no duty to retreat when in home | No deficient performance; instructions correct |
Key Cases Cited
- State v. Eskridge, 38 Ohio St.3d 56 (Ohio 1988) (establishes standard for manifest weight review)
- State v. Thomas, 77 Ohio St.3d 323 (Ohio 1997) (no duty to retreat in home when cohabitant with equal right to be in home)
- State v. Powell, 2008-Ohio-1316 (Ohio Court of Appeals 2008) (instructs self-defense elements, including no duty to retreat under certain premises)
- State v. Ward, 168 Ohio App.3d 701 (Ohio App. 2006) (jury instruction review; caution against misinstruction)
- McMann v. Richardson, 397 U.S. 759 (U.S. Supreme Court 1970) (ineffective assistance standard for counsel)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance of counsel)