State v. Ross
15 N.E.3d 1213
Ohio Ct. App.2014Background
- Hill murdered May 19, 1999; body found in trunk with sexual assault indicators.
- Ross emerged as a suspect after Hill’s death and police found Hill’s belongings in a garbage bag at his apartment.
- 1999 indictments charged aggravated murder, felony murder, rape, kidnapping, tampering with evidence, and gross abuse of a corpse; special circumstances alleged.
- First trial in 2000 ended in a mistrial due to juror misconduct; incomplete verdict forms were not considered during mistrial ruling.
- This Court previously upheld the mistrial for manifest necessity, later allowing retrial; subsequent procedural history included federal habeas action, appellate remands, and a 2011 supplemental indictment/2012 retrial.
- Trial court convicted Ross on all remaining counts in 2012; merged murder and felonious assault into felony murder for sentencing; total sentence 19 years to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy after mistrial for manifest necessity | Ross argues retrial violates DJ clause since first trial ended not guilty on key counts | Prosecution should be barred due to prior not-guilty verdicts | Retrial allowed; mistrial with manifest necessity permits subsequent trial |
| Statute of limitations for felonious assault and felony murder | Counts barred by limitations | Tolling under 2901.13(H) applies; charges not time-barred | Counts not time-barred; tolling applies; no dismissal required |
| Denial of suppression motions and due process | Request for evidentiary hearing on suppression motions denied | Court adequately reviewed merits; no new hearings required | No reversible error; denials affirmed |
| Admissibility of other-acts testimony (J.T.) | Evidence admissible to prove identity/modus operandi | Evidence unduly prejudicial | Court acted within discretion; testimony admissible with limiting instructions |
| Motion for new trial and jail-time credit post-appeal | Court lacked jurisdiction after notice of appeal | Rulings unaffected; timing preserved issues | Partially sustained; new-trial ruling vacated for lack of appellate jurisdiction; jail-credit issue not reviewable on appeal |
Key Cases Cited
- Arizona v. Washington, 434 U.S. 497 (1978) (mistrial permissible for public-interest considerations when necessary)
- Blueford v. Arkansas, 132 S. Ct. 2049 (2012) (tentative acquittals do not bar retrial; finality requires end of deliberations)
- Kepner v. United States, 195 U.S. 100 (1904) (no vested right to a verdict tainted by bias; prejudice harms party)
- Simmons v. United States, 142 U.S. 148 (1891) (tainted juror prejudice invalidates verdicts; ensure fair trial)
- United States v. Perez, 22 U.S. 579 (1824) (mistrial due to manifest necessity allows retrial)
- United States v. Italiano, 894 F.2d 1280 (11th Cir. 1990) (superseding indictments tolled when charges substantially same; not broadened)