2022 Ohio 1669
Ohio Ct. App.2022Background
- On December 23, 2019, Osby C. Scott went to the home of coworker Dillard Kennedy, shot and killed Kennedy, wounded Kennedy’s girlfriend Heather Crouthamel, and shot their dog.
- Crouthamel identified Scott as the shooter, gave police Scott’s phone number and a photo, and surveillance footage showed a man leaving the scene and running toward nearby streets; shell casings and a 32-caliber bullet were recovered.
- Detectives located and arrested Scott at a used-car lot; in a recorded interview he admitted going to the house to collect money but denied having a gun.
- A Cuyahoga County Grand Jury indicted Scott on multiple counts including aggravated murder (with firearm specifications) and having weapons while under disability; some specifications were tried to the bench.
- Scott initially waived counsel, later re‑requested counsel; his motion to suppress statements was denied; a jury convicted him of aggravated murder (and other counts) and the court found the disability/weapons and prior‑conviction specifications true.
- Scott was sentenced (under the Reagan Tokes scheme) to life imprisonment with parole eligibility after 31 years; he appealed raising sufficiency (prior calculation and design) and Reagan Tokes constitutional challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated murder (prior calculation and design) | State: evidence showed knowledge/strained relationship (debt), call at ~5 p.m., return ~6 hours later, parking nearby, entry by nickname, argument that escalated, then fatal shooting — supports prior calculation and design | Scott: evidence did not prove the element of prior calculation and design required for R.C. 2903.01(A) | Court: viewed evidence in light most favorable to prosecution, found evidence sufficient to support prior calculation and design; Crim.R. 29 denial affirmed |
| Constitutionality of sentence under Reagan Tokes Act | State: Reagan Tokes is constitutional; sentence lawful (court relied on controlling Eighth District precedent) | Scott: Reagan Tokes violates due process and separation of powers | Court: overruled challenges based on this court’s en banc decision in Delvallie; sentence under Reagan Tokes upheld |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence review)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio standard for sufficiency review under Jackson)
- State v. Thompkins, 78 Ohio St.3d 380 (distinguishing sufficiency from manifest-weight/credibility review)
- State v. Tenace, 109 Ohio St.3d 255 (Crim.R. 29/sufficiency principles as applied in Ohio)
- State v. Walker, 150 Ohio St.3d 409 (definition of "prior calculation and design")
- State v. Taylor, 78 Ohio St.3d 15 (factors for determining prior calculation and design)