2020 Ohio 5446
Ohio Ct. App.2020Background
- Michael S. Walls was indicted on multiple counts of rape of minors and pandering; convicted at first trial but that verdict was reversed for improper expert testimony and disclosure errors. He pled guilty to two interference-with-custody counts before his second trial.
- At the second trial the primary witnesses were Walls’s daughter (Me.W.) and son (Mi.W.), who testified about long‑running sexual abuse and incest at Walls’s direction; Walls testified and denied culpability, blaming his older son and denying he fled to avoid arrest.
- Dr. Randall Schlievert, a child‑sexual‑abuse expert, testified about grooming, delayed disclosure, and recantation and opined that Me.W. was likely sexually abused (but later clarified he had not documented the perpetrator).
- Trial incidents: some jurors briefly observed Walls handcuffed leaving an elevator; a witness made an out‑of‑turn comment about sentencing (struck and cured by instruction); Mi.W. created a courtroom disturbance and was called as a court witness and impeached with prior testimony; testimony introduced evidence about Walls’s flight to Florida and his telling investigators to contact his lawyer and that he instructed his children about counsel.
- Walls was convicted again on all rape and pandering counts and appealed, raising seven assignments of error (mistrials; court coaching a witness; admission of testimony about counts he pled to; testimony about invocation of counsel; expert hearsay; ineffective assistance; cumulative error). The appellate court affirmed.
Issues
| Issue | State's Argument | Walls's Argument | Held |
|---|---|---|---|
| Mistrial for jurors seeing Walls handcuffed and victim mentioning punishment | Incident inadvertent; voir dire and curative instruction suffice; no prejudice | Brief viewing and sentencing comment prejudiced jury; mistrial required | Denied: voir dire of observed jurors and admonitions cured any prejudice; jury presumed to follow instructions |
| Court "calling" and impeachment of Mi.W. (Evid.R. 614 / Evid.R. 607) | Court properly called witness under Evid.R. 614; prior inconsistent statements admissible given surprise/inconsistent testimony | State improperly impeached its own witness without showing surprise/affirmative damage | No error: court‑called witness; state permitted to impeach given inconsistent evidence; jury instructed about disturbance |
| Admission of testimony about interference‑with‑custody pleas and flight | Flight and refusal to return children probative of consciousness of guilt | Testimony cumulative and prejudicial because Walls already pled to those counts | No error/plain error: evidence of flight and knowledge of sexual‑abuse allegations was admissible as consciousness of guilt |
| Testimony that Walls invoked counsel and taught children their rights (Fifth/ Sixth Amendment concern) | Statement explained delayed disclosure and was not offered as substantive evidence of guilt; later testimony waived any Fifth Amendment claim | Pre‑arrest silence/invocation used improperly as substantive evidence of guilt | Harmless or admissible: not reversible error; Walls later testified so Leach concern attenuated; testimony explained children’s delay in reporting |
| Expert relied on hearsay and excluded police reports (Evid.R. 703 / 803(8)) | Expert relied on his own interviews plus records; Evid.R. 703 permits opinions based on perceptions and admitted data | Testimony improperly based on hearsay/public records (police reports excluded in criminal cases unless offered by defendant) | No plain error: expert’s opinion rested in part on his direct interviews; Evid.R. 703 satisfied |
| Ineffective assistance of counsel (multiple failures to object, cross‑examination strategy, security placement) | Many omissions were reasonable trial strategy or harmless; objections were made where appropriate; security measures discretionary | Counsel failed to preserve objections to significant errors, did inadequate cross‑examination, and failed to object to courtroom security posture | Denied: Strickland not met—deficient performance not shown or no prejudice demonstrated |
| Cumulative error | Even if isolated errors occurred they were harmless | Aggregation of errors deprived Walls of a fair trial | Denied: isolated harmless errors did not cumulatively render trial unfair |
Key Cases Cited
- State v. Trimble, 911 N.E.2d 242 (Ohio 2009) (mistrial standard and discretion of trial court)
- State v. Franklin, 580 N.E.2d 1 (Ohio 1991) (mistrial requires ends of justice be met)
- State v. Garner, 656 N.E.2d 623 (Ohio 1995) (presumption that jurors follow court instructions)
- Leach v. State, 807 N.E.2d 335 (Ohio 2004) (limits on using pre‑arrest silence in state’s case‑in‑chief)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective‑assistance test)
- State v. Bradley, 538 N.E.2d 373 (Ohio 1989) (prejudice requirement under Strickland)
- State v. Solomon, 570 N.E.2d 1118 (Ohio 1991) (Evid.R. 703 permits expert opinions based on perception or admitted data)
- Holbrook v. Flynn, 475 U.S. 560 (U.S. 1986) (security presence in courtroom not per se prejudicial)
- State v. Long, 372 N.E.2d 91 (Ohio 1978) (plain‑error standard)
- State v. Weaver, 898 N.E.2d 1023 (Ohio App. 2008) (limits on expert testimony usurping jury’s role)