2016 Ohio 5030
Ohio Ct. App.2016Background
- Michael Shuster was indicted on 30 sexual-offense counts involving his minor stepdaughter; a jury convicted him of multiple counts of rape, sexual battery, and gross sexual imposition in April 2013 and he received an aggregate 105 years to life sentence.
- Shuster’s convictions and a later denial of postconviction relief were affirmed on direct appeal and postconviction appeal by this court.
- Within 120 days of conviction Shuster filed a Crim.R. 33 motion for new trial alleging juror misconduct, attaching an unsworn handwritten statement from juror Richard Cooper; the trial court denied the motion while the case was on appeal and for lack of a proper affidavit.
- After appeals, Shuster filed a sworn affidavit from Cooper (claiming jurors were told Shuster had confessed, that deliberations were perfunctory, and that jurors did not review testimony transcripts) and moved to supplement/amend his new-trial motion; the trial court denied the supplements.
- The state opposed relief citing Evid.R. 606(B), and the trial court and this appellate panel found juror testimony about deliberations inadmissible without independent (aliunde) evidence of extraneous influence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion denying new trial for juror misconduct | New trial warranted because juror Cooper's statements show juror misconduct that affected verdict | Cooper's statements are inadmissible to impeach verdict under Evid.R. 606(B); no independent evidence of extraneous influence | Denied: court did not abuse discretion; Evid.R. 606(B) bars juror testimony about deliberations without evidence aliunde |
| Whether juror statements violated Evid.R. 606(B) | Cooper's affidavit describes improper internal deliberation facts that impeach verdict | Statements concern internal deliberations and mental processes, thus precluded by Evid.R. 606(B) | Held that Evid.R. 606(B) controls; juror affidavit cannot be used alone to impeach verdict |
| Whether a subsequent sworn affidavit cures Crim.R. 33(C) defect | Sworn affidavit from Cooper (filed later) substitutes for the earlier unsworn statement and supports the motion | Even with affidavit, rule barring juror testimony and requirement of evidence aliunde make affidavit insufficient | Held affidavit does not change outcome because Evid.R. 606(B) bars juror-self-impeachment without outside evidence |
| Whether trial counsel was ineffective for failing to attach a proper juror affidavit | Counsel’s omission deprived Shuster of a viable new-trial motion | Any deficiency did not prejudice Shuster because juror affidavit would be inadmissible under Evid.R. 606(B) | Denied: counsel’s performance did not create a reasonable probability of a different result |
Key Cases Cited
- Schiebel v. Ohio, 55 Ohio St.3d 71 (juror testimony to impeach verdict requires evidence aliunde)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard)
- State v. Bradley, 42 Ohio St.3d 136 (standards for ineffective-assistance review)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Wicker v. Cleveland, 150 Ohio St. 434 (extraneous-evidence foundation for juror testimony)
- Adams v. State, 141 Ohio St. 423 (protection of verdict finality; limits on juror impeachment)
- Tasin v. SIFCO Industries, Inc., 50 Ohio St.3d 102 (attorney hearsay about juror misconduct is incompetent to impeach verdict)
- Diehl v. Wilmot Castle Co., 26 Ohio St.2d 249 (one juror’s affidavit insufficient without evidence aliunde)