State v. Winbush
2017 Ohio 696
| Ohio Ct. App. | 2017Background
- Defendant Robert Winbush was indicted after William Henson was shot and killed; charges included aggravated murder, murder, three counts of felony murder, felonious assault, aggravated robbery, aggravated burglary, and grand theft of a firearm. Two top counts (aggravated murder and murder) were dismissed at the close of the State’s case; convictions were for three counts of felony murder and underlying felonies.
- Victim suffered multiple gunshot wounds (including close-range shoulder wound and fatal head wounds); evidence indicated blood shedding and signs of a struggle.
- Investigators recovered cartridge casings and projectile fragments at the scene; stolen property and many firearms were found at residences linked to Winbush and co-defendant Raymond Zimmerman; index cards in Winbush’s apartment matched firearms seized elsewhere.
- Winbush admitted in a custodial interview and in a written apology that he went to Henson’s house to steal guns, helped carry guns and a safe, and that Zimmerman shot Henson; he denied intending or personally committing the murder.
- At trial the jury convicted Winbush of felony murder (based on aggravated robbery), aggravated burglary, aggravated robbery, felonious assault, and grand theft of a firearm; he was sentenced to an aggregate of 21 years to life. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutor’s peremptory strikes of two African-American jurors violated Batson | State: strikes were for race-neutral reasons (prior criminal charge; juror demeanor) | Winbush: strikes were pretextual and discriminatory | Court: trial court did not clearly err in accepting race-neutral explanations; no Batson violation; assignment overruled |
| Whether peremptory challenges are unconstitutional | State: Batson remains controlling; peremptories permitted with Batson checks | Winbush: urges overruling per Justice Breyer’s Miller-El concurrence arguing peremptories cause discriminatory results | Court: decline to declare peremptories unconstitutional; bound by Supreme Court precedent (Batson/Miller-El) |
| Whether admission of a post-autopsy photograph (skull after brain removal) was unduly prejudicial | State: photo was non-repetitive, probative to show bullet paths/timing of wounds | Winbush: photo was gruesome and unnecessary; prejudicial | Court: trial court did not abuse discretion; photo admissible and probative; objection overruled |
| Sufficiency and manifest weight of the evidence supporting felony-murder and underlying felonies | State: evidence (admissions, theft, transportation of guns, injuries, blood evidence) supports complicity and proximate causation | Winbush: claimed only intended to steal, was an innocent bystander to killing | Court: convictions supported—evidence allowed inference of aiding/abetting and proximate causation; not against manifest weight or insufficient |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibition on racially motivated peremptory strikes; three-step Batson framework)
- Miller-El v. Dretke, 545 U.S. 231 (discussion of patterns of strikes and Justice Breyer concurrence criticizing peremptory challenges)
- Jenks v. Ohio, 61 Ohio St.3d 259 (standard for reviewing sufficiency of the evidence)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (standard for reviewing manifest-weight claims)
- Nolan v. State, 141 Ohio St.3d 454 (discussion of felony-murder liability and transferred intent)