State v. Summerlin
2017 Ohio 7625
| Ohio Ct. App. | 2017Background
- On Sept. 11, 2014, Greg Summerlin (aka "Joker") and an associate, Priest Huffaker, confronted Wynton Burton and Wayne Walker in Cincinnati; Summerlin shot Burton (killing him) and shot Walker, who survived. Huffaker also shot Walker. Burton’s pistol was taken and not recovered.
- Walker identified Summerlin as the shooter; police recovered Huffaker’s phone, shell casings, and a .357 ammo box with Summerlin’s fingerprints. Phone and Facebook evidence linked Summerlin to the nickname "Joker," to Huffaker, and placed him near the scene.
- Summerlin fled, made post-shooting statements that he was "hot," and attempted to arrange hush money for Walker; he was later arrested. He was indicted on multiple counts including aggravated murder, murder, aggravated robbery, attempted aggravated murder, and firearm specifications.
- A jury convicted Summerlin on all counts; the trial court merged allied offenses and imposed life without parole for aggravated murder, consecutive prison terms for attempted aggravated murder and a firearm specification.
- Summerlin appealed raising seven assignments of error challenging (inter alia) denial of substitute counsel, denial of impeachment evidence for a hearsay declarant, ineffective assistance, a flight instruction, sufficiency/manifest weight of evidence on attempted aggravated murder, and admission of Facebook photos.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Summerlin) | Held |
|---|---|---|---|
| 1. Denial of request for substitute counsel | Court correctly exercised discretion; prior inquiry satisfied | Trial court abused discretion by denying new counsel on eve of trial | Denial affirmed — court did not abuse discretion (request untimely; no breakdown shown) |
| 2. Access to hearsay declarant's prior convictions for impeachment | Deny because declarant (Grace) did not testify so Evid.R.609(F) applies | Evid.R.806 permits impeachment of hearsay declarant with prior convictions even if declarant doesn't testify | Trial court erred in denying access, but error was harmless given overwhelming evidence and cumulative nature of declarant's statement |
| 3. Ineffective assistance of counsel (various faults) | Counsel’s performance was reasonable; no prejudice shown | Counsel made prejudicial closing remark, failed to object to hearsay and jury instruction errors | Claim rejected — performance not shown to be deficient or prejudicial under Strickland/Bradley |
| 4. Flight instruction | Evidence supported inference of flight and consciousness of guilt | No affirmative steps to avoid detection, so instruction should not have been given | Instruction proper — supported by evidence, with jury told it could infer innocent explanations |
| 5. Sufficiency of evidence for attempted aggravated murder (Count 5) | Evidence (including complicity) proves elements beyond reasonable doubt | Attempted aggravated murder invalid because victim (Walker) was not robbed | Conviction sustained — statute and complicitor liability support attempt conviction even though robbery was against Burton |
| 6. Manifest weight of the evidence | Jury reasonably credited eyewitness and corroborating evidence | State’s case was circumstantial and witness not credible; verdict against weight | Convictions not against manifest weight; no miscarriage of justice |
| 7. Admission of Facebook photos showing guns | Photos relevant to identity and association; probative value not outweighed by prejudice | Photos unduly prejudicial under Evid.R.403(A) | Admission proper — probative for ID/association and not substantially outweighed by unfair prejudice |
Key Cases Cited
- Lockhart v. Fretwell, 506 U.S. 364 (ineffective-assistance prejudice standard)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective-assistance test)
- Bradley v. State, 42 Ohio St.3d 136 (applying Strickland in Ohio)
- Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard)
- Conway v. Ohio, 108 Ohio St.3d 214 (review of sufficiency of evidence)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (manifest-weight standard)
- DeHass v. State, 10 Ohio St.2d 230 (deference to jury on witness credibility)
- Sage v. State, 31 Ohio St.3d 173 (trial court discretion on evidence admissibility)
- Morris v. State, 132 Ohio St.3d 337 (Evid.R.403 and probative vs. prejudicial balancing)
- Murphy v. Ohio, 91 Ohio St.3d 516 (standards for substitute counsel and court inquiry)
- AAAA Enterprises, Inc. v. River Place Community Urban Redev. Corp., 50 Ohio St.3d 157 (appellate review of trial-court reasoning)