State v. Wright
2017 Ohio 1568
Ohio Ct. App.2017Background
- Giovanni Wright was retried for aggravated murder (after a hung jury) for the March 28, 2010 shooting death of Richard Parks; jury convicted and sentenced to life without parole plus a three-year specification.
- Parks was shot multiple times in the back of the head inside a rented SUV; drugs and cash were found in the vehicle, making robbery an unlikely motive.
- Witnesses placed Wright in or near Parks’ vehicle shortly before the shooting; five years after the offense, Wright’s fingerprints were matched to prints on the SUV’s exterior.
- Witnesses (including Marquez Smith, Michael Lewis, and Michael Douthit) gave statements implicating Wright; Smith was unavailable at retrial and his prior testimony and recorded statement were admitted.
- Wright raised eight appellate assignments of error: Batson challenge to a peremptory strike, hearsay/admission of prior statements, other-acts evidence, impeachment procedures, prosecutorial misconduct, ineffective assistance of counsel, sufficiency/weight of evidence, and sentencing notification about DNA testing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson/peremptory strike | State: prosecutor offered race-neutral reasons (juror demeanor, reactions, rapport with police, religious ties) | Wright: strike was racially motivated and violated equal protection | Court: prosecutor gave race-neutral reasons; trial court’s credibility finding not clearly erroneous — Batson challenge denied |
| Admission of unavailable witness’s prior testimony & recorded statement | State: Smith was unavailable despite efforts; prior testimony admissible under Evid.R. 804(B)(1) and recorded statement under Evid.R. 803(5) | Wright: prosecution failed to prove unavailability and recorded statement inadmissible hearsay | Court: evidence of attempts to secure Smith and his absence supported unavailability; prior testimony and recorded recollection properly admitted |
| Other hearsay and witness testimony (Bonner, Lewis, Douthit) | State: prior consistent statements and recorded recollections admissible; Bonner’s recounting of victim’s words partly admissible | Wright: various testimonial statements were hearsay and improperly admitted | Court: admission of some of Bonner’s statements was error but harmless; Lewis and Douthit prior consistent statements admissible under Evid.R. 801(D)(1) |
| Other-acts evidence (drug dealing, prior conduct) | State: testimony about Wright’s drug activity and relationships was inextricably interwoven and relevant to motive/identity | Wright: evidence was propensity evidence improperly showing bad character | Court: evidence was relevant to motive/relationship and inextricably interwoven with the charged offense; admission not abuse of discretion |
| Impeachment by prosecution (Evid.R. 607) | State: impeachment on witness memory/inconsistencies was justified | Wright: prosecution improperly impeached its own witnesses without showing surprise/affirmative damage | Held: some questions were improper but defense failed to object at trial; any error not plain/error requiring reversal |
| Prosecutorial misconduct (closing, vouching, evidence) | State: prosecutor’s remarks within wide latitude; no prejudice | Wright: claims of improper vouching, impeachment, and comments in closing | Court: majority objections were not raised at trial; comments did not deprive Wright of a fair trial or affect substantial rights |
| Ineffective assistance of counsel | Wright: counsel failed to object to multiple evidentiary and misconduct issues | State: counsel provided thorough defense; strategic choices reasonable | Court: Wright failed Strickland showing of deficient performance and prejudice |
| Sufficiency/manifest weight | State: fingerprint, witness testimony, and admissions support conviction | Wright: evidence insufficient and conviction against manifest weight; argued lack of physical evidence tying him to shooting | Court: evidence sufficient; conviction not against manifest weight |
| Sentencing notice re: DNA testing | State: omission harmless | Wright: court failed to inform him of DNA testing requirement and consequences | Court: statute does not confer substantive rights on defendant; omission harmless |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (Equal Protection prohibits racially motivated peremptory strikes)
- Hernandez v. New York, 500 U.S. 352 (deference to trial court credibility findings on Batson)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (manifest-weight standard)
- Jenks v. Ohio, 61 Ohio St.3d 259 (standard for sufficiency of evidence review)
- Keairns v. Ohio, 9 Ohio St.3d 228 (witness unavailability and subpoena efforts)
- Herring v. Ohio, 94 Ohio St.3d 246 (Batson burden-shifting and analysis)
- Perry v. Ohio, 101 Ohio St.3d 118 (harmless-error and substantial-rights analysis)