State v. Ramos, 2016 Ohio 7685

Background

Defendant Hugo Ramos stabbed his wife in the throat during an argument, severing her carotid artery; he then made two suicide attempts and admitted to killing her verbally and in a written note. Three young children were present and later found in his unlocked car.
Ramos was tried on aggravated murder, murder, kidnapping, felonious assault, domestic violence, and child endangerment; the jury acquitted on one aggravated murder count but convicted on the lesser murder charge and other counts.
Trial counsel conceded Ramos caused the death but asserted an insanity defense; Ramos relied on major depressive disorder, heroin withdrawal, and psychotic symptoms.
The jury found Ramos guilty of murder (lesser included), guilty of other counts; court sentenced him to life with parole eligibility after 30 years and concurrent short terms for child endangerment; many counts were merged for sentencing.
On appeal, Ramos challenged sufficiency and manifest weight (insanity), the flight jury instruction, and denial of a mistrial after testimony and shelter records referencing prior domestic violence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency to show "prior calculation and design" for aggravated murder	State: evidence (left room, retrieved a knife, returned, stabbed wife) shows studied planning and supports aggravated murder	Ramos: killing was instantaneous or in self-defense; no scheme to kill	Held: Sufficient evidence of prior calculation and design (leaving to get knife showed studied care)
Sufficiency for child endangerment (R.C. 2919.21)	State: abandoning kids in unlocked car on a 65 mph highway and committing suicide attempts in front of them created substantial risk	Ramos: children were merely in the car; not placed in substantial risk	Held: Sufficient evidence that Ramos created substantial risk to children’s health and safety
Manifest weight / insanity defense (R.C. 2901.01(A)(14))	State: experts and Ramos’s actions/statements (covering body, admitting he did "something wrong," motive from anger) show he knew wrongfulness	Ramos: severe mental disease, psychotic features, expert could not reach opinion on wrongfulness	Held: Jury rejection of insanity not against manifest weight; Ramos failed to meet burden to prove insanity
Flight instruction and mistrial over shelter evidence	State: flight instruction permissible where consciousness of guilt exists; shelter records admissible after defense opened door by raising shelter in opening and on cross-examining about records	Ramos: left scene to kill himself (not to flee); detective’s shelter testimony and records were improper other-acts evidence requiring mistrial	Held: Flight instruction was an abuse of discretion but harmless beyond doubt; mistrial was not required because defense opened the door and evidence was admissible

Key Cases Cited

Jackson v. Virginia, 443 U.S. 307 (legal sufficiency standard under Due Process)
State v. Jenks, 61 Ohio St.3d 259 (Ohio sufficiency standard for criminal convictions)
State v. Thompkins, 78 Ohio St.3d 380 (distinguishing sufficiency and manifest-weight review)
State v. Powell, 49 Ohio St.3d 255 (harmlessness when allied counts merge for sentencing)
State v. Taylor, 78 Ohio St.3d 15 (definition of "prior calculation and design")
Cavazos v. Smith, 565 U.S. 1 (deference to jury fact findings when record permits conflicting inferences)
State v. Cotton, 56 Ohio St.2d 8 (instantaneous deliberation vs. scheme to kill)
State v. Whitfield, 124 Ohio St.3d 319 (merger of allied offenses does not erase guilt determination)
State v. Otten, 33 Ohio App.3d 339 (manifest-weight review standard)
State v. DeHass, 10 Ohio St.2d 230 (deference to jury credibility assessments)