2015 Ohio 3298
Ohio Ct. App.2015Background
- On Oct. 28, 2013, Cody R. Rickard drove a Dodge Charger around two "ROAD CLOSED" barricades into a CSX track work zone, struck a metal sign and a utility pole, and then hit three workers; one (Paul Castle) died and two were seriously injured.
- EDR (event data recorder) evidence and OSHP reconstruction testimony showed Rickard accelerated to ~60 mph in the five seconds before impact and did not apply the brakes prior to the crash.
- Eyewitnesses described Rickard behaving erratically and making statements such as "I should have killed every one of you all" immediately after the collision.
- Rickard was indicted on multiple counts across two cases: murder, two counts of aggravated vehicular homicide, two counts of felonious assault, and two counts of vehicular assault; the cases were consolidated and tried to a jury that convicted on all counts.
- On appeal Rickard raised seven assignments of error, including (1) failure to give lesser-included instructions, (2) ineffective assistance of counsel, (3) admission of the state’s expert despite alleged discovery violation, (4) failure to make statutory consecutive-sentence findings on the record, (5) denial of a presentence investigation, (6) sufficiency (Crim.R. 29) challenge, and (7) manifest-weight challenge.
Issues
| Issue | Rickard's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing jury instructions on vehicular homicide as lesser-included offenses of aggravated vehicular homicide | Evidence (speed in construction zone; negligence definition) supported instruction on negligent vehicular homicide | Evidence supported recklessness (driving around barricades at high speed toward workers); refusal harmless because jury also convicted of murder | No error; court found insufficient evidence to reasonably support acquittal of aggravated offense and conviction of lesser; any error would be harmless because of murder conviction |
| Whether Rickard received ineffective assistance of counsel | Counsel failed to investigate or present experts (reconstruction, medical/mental-health) and attempted untimely physical-evidence admission and previewed testimony in opening | Trial strategy justified cross-examining state experts and not presenting defense experts; actions fall within reasonable professional judgment | No ineffective assistance under Strickland; appellate majority finds counsel’s choices within reasonable strategy (dissent would reverse on this point) |
| Whether the trial court abused discretion by admitting the state expert despite alleged Crim.R.16(K) noncompliance | State did not timely disclose Lieutenant Kinn’s EDR analysis/reports | State contends materials were disclosed and no willful violation occurred | No abuse of discretion; record did not establish a Crim.R.16(K) violation |
| Whether trial court erred by imposing consecutive sentences without making/recording R.C. 2929.14(C)(4) findings | Trial court failed to make the statutorily required consecutive-sentence findings on the record/judgment entry | Court argued it made the findings at sentencing and in the entries | Partial reversal/remand: court engaged in required analysis at hearing, but judgment entry must be amended to reflect the R.C. 2929.14(C)(4) findings |
Key Cases Cited
- Deanda v. State, 989 N.E.2d 986 (Ohio 2013) (two-tiered test for lesser-included-offense instructions)
- Trimble v. State, 911 N.E.2d 242 (Ohio 2009) (standards for when lesser-included-offense instruction is required)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- Jenks v. State, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency review)
- Thompkins v. Ohio, 678 N.E.2d 541 (Ohio 1997) (manifest-weight standard)
- Bradley v. State, 538 N.E.2d 373 (Ohio 1989) (deference and framework for Strickland review)