State v. White
2017 Ohio 6984
| Ohio Ct. App. | 2017Background
- Defendant Jermeal White was convicted after a 2014 bench trial of aggravated murder, murder, aggravated burglary, felonious assault, and kidnapping for the December 22, 2012 killing of Don’Tel Sheeley.
- The state’s case included testimony from codefendant Richard Harris (plea-bargained witness), Lateef Taylor, Ashaka Johnson, and victim’s mother Kimmetta Sheeley placing White at or near the scene; cell phone records and testimony about sale of the murder weapon also tied White to the crime.
- White received an aggregate sentence of 28 years to life; this court affirmed his convictions on direct appeal but remanded to correct clerical sentencing entries.
- In December 2016 White moved for leave and then for a new trial, submitting an affidavit from Devon Johnson claiming Harris told him Harris (and a friend who was not White) committed the shooting and that Harris and Johnson sold the gun — i.e., White was not involved.
- The trial judge (who had presided over the bench trial) granted leave but denied the new-trial motion without an evidentiary hearing, finding the affidavit hearsay, vague, contradicted trial evidence, and not credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether newly discovered evidence (Devon Johnson affidavit) warranted a new trial under Crim.R. 33(A)(6) | Prosecution: affidavit is hearsay, contradicts trial evidence, and fails Petro factors | White: affidavit shows Harris admitted he (not White) shot victim; warrants new trial | Denied — affidavit merely impeaches/contradicts trial evidence and does not create strong probability of different result; trial court didn’t abuse discretion |
| Whether the trial court abused discretion by denying an evidentiary hearing on the new-trial motion | State: hearing unnecessary because affidavit lacks credibility and fails to show strong possibility of different result | White: hearing required to resolve credibility and recantation issues | Denied — hearing not required where trial judge (also factfinder) finds affidavit not credible based on Calhoun factors |
Key Cases Cited
- Petro v. State, 148 Ohio St. 505, 76 N.E.2d 370 (Ohio 1947) (establishes six-factor test for new trial based on newly discovered evidence)
- Calhoun v. Tolbert, 86 Ohio St.3d 279, 714 N.E.2d 905 (Ohio 1999) (lists factors for assessing affidavit credibility in postconviction/new-trial proceedings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (defines abuse-of-discretion standard)
- Schiebel v. Ohio, 55 Ohio St.3d 71, 564 N.E.2d 54 (Ohio 1990) (new-trial motions committed to trial court’s discretion)
- Taylor v. Ross, 150 Ohio St. 448, 83 N.E.2d 222 (Ohio 1948) (trial judge particularly well-suited to assess recantations and affidavits)