State v. Truss, 2019 Ohio 3579

On June 8, 2016, surveillance video from a Quick Stop store showed Deanthoni Truss hold the door for Tommie Brown, draw a handgun, follow him into the store, shoot Tommie twice (killing him) and then shoot at two other men; Truss fled in a waiting vehicle.
Victims: Tommie Brown (killed), Kris Pace (quadriplegic), William Brown (wounded). Police recovered a semiautomatic handgun at the scene and used the video in investigation.
On November 17, 2016, a SOFAST team arrested Truss at a hotel; Truss fired at officers during the breach and a shootout ensued; he was thereafter interviewed and admitted shooting the Quick Stop victims.
Indictment charged Truss with aggravated murder (with prior calculation and design), murder, felony murder, attempted murder, felonious assault, and attached firearm specifications for the June 8 shootings, plus felonious assault and firearm specifications for the November 17 shootout.
Truss moved to sever the June and November incidents; the trial court denied severance, a jury convicted on all counts, and the court sentenced Truss to 40 years to life. Truss appealed (delayed appeal) raising severance and challenges to aggravated murder (prior calculation and design).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying Truss's Crim.R. 14 motion to sever the June 8 and Nov. 17 incidents	State: Joinder proper under Crim.R. 8; evidence for each incident was simple, direct, and could be compartmentalized; limiting instructions minimized prejudice	Truss: Joinder would unfairly prejudice him by letting the jury consider cumulative evidence from two separate shootings and impair a fair trial	Denied. No abuse of discretion: evidence met the "simple-and-direct" joinder test, presentations were distinct, and jury was instructed to consider counts separately
Whether there was sufficient evidence and whether the verdict was against the manifest weight for aggravated murder (element: prior calculation and design)	State: Video and testimony show Truss removed a gun, scanned for witnesses, held the door so victim would precede him, followed victim inside and immediately shot him, then shot others and effected a planned getaway — supports prior calculation and design	Truss: Handshake with victim shows no motive; encounter was chance; shooting was a spontaneous reaction (he thought a robbery was occurring) and lacked premeditation	Overruled. Court found sufficient evidence of prior calculation and design (removal of gun before entry, positioning the victim, immediate shooting, escape), and the verdict was not against manifest weight

State v. Franklin, 62 Ohio St.3d 118 (1991) (joinder policy and when severance is required)
State v. Lott, 51 Ohio St.3d 160 (1990) ("simple and direct" joinder test)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
State v. Walker, 150 Ohio St.3d 409 (2016) (analysis of "prior calculation and design")
State v. Taylor, 78 Ohio St.3d 15 (1997) (Taylor/Franklin factors for prior calculation and design)
State v. Coley, 93 Ohio St.3d 253 (2001) (premeditation can be found even when plan is conceived quickly)
State v. Robbins, 58 Ohio St.2d 74 (1978) (sufficient time/opportunity and circumstances can support prior calculation and design)