Case Information
*1
[Cite as
State v. Lawson
,
IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY
STATE OF OHIO, :
CASE NO. CA2013-12-093 Plaintiff-Appellee, :
O P I N I O N : 8/18/2014 - vs -
:
JERRY R. LAWSON, :
Defendant-Appellant. : CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 1987 CR 05488
D. Vincent Faris, Clermont County Prosecuting Attorney, Judith Brant and Nicholas Horton, 76 South Riverside Drive, 2nd Floor, Batavia, Ohio 45103, for plaintiff-appellee Randall L. Porter, Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215 and Buell & Sipe Co., L.P.A., Randall L. Porter and Dennis L. Sipe, 322 Third Street, Marietta, Ohio 45750, for defendant-appellant
M. POWELL, J.
Defendant-appellant, Jerry R. Lawson, appeals a decision of the Clermont County Court of Common Pleas denying his motion for postconviction relief. For the reasons discussed below, we affirm the decision of the trial court.
I. Facts and Procedural History This court has heard numerous appeals relating to Lawson's 1987 murder
charge, subsequent conviction and death sentence. The facts underlying Lawson's
convictions are more fully discussed in State v. Lawson , 12th Dist. Clermont No. CA88-08-
044,
and informed him of the Martin murder. Thereafter, the Paytons agreed to cooperate with police in the investigation of Martin's murder. Lawson was subsequently charged with two counts of aggravated murder, three
counts of kidnapping, two counts of intimidation, aggravated robbery, aggravated burglary, and gross abuse of a corpse. All counts, except the abuse of corpse, carried specifications. After initially pleading not guilty to the charges, Lawson changed his plea to not guilty by reason of insanity. Before trial, Lawson stipulated he had shot Martin.
1. For ease of discussion, we will refer to William Payton as "Payton" and Sue and William Payton collectively as "the Paytons."
{¶ 6}
On April 26, 1988, a jury convicted Lawson of two counts of aggravated murder
with capital specifications, two counts of kidnapping, one count of aggravated robbery, and
two counts of intimidating a witness. After a mitigation hearing, the jury recommended the
death penalty on the aggravated murder charges. The trial court approved the jury's
recommendation on May 3, 1988, and sentenced Lawson to death for the aggravated murder
of Martin. The trial court imposed concurrent sentences for the remaining charges.
Lawson appealed his convictions and sentence to this court, and we affirmed.
State v. Lawson , 12th Dist. Clermont No. CA88-08-044,
filed his first petition, arguing 41 claims for relief. The trial court, without a hearing, dismissed Lawson's petition. Lawson appealed that decision to this court in State v. Lawson , 103 Ohio App.3d 307 (12th Dist.1995) ( Lawson III ). We affirmed the trial court's decision. The Ohio Supreme Court declined to accept jurisdiction of the case. State v. Lawson , 74 Ohio St.3d 1404 (1995). After exhausting these state remedies, Lawson filed for a writ of habeas corpus
in the United States District Court for the Southern District of Ohio. The district court conducted an eight day hearing in 1997 on Lawson's habeas petition. Ultimately, the district court granted in part and denied in part Lawson's petition, and vacated Lawson's death sentence. Lawson v. Warden, Mansfield Correctional Institution , 197 F.Supp.2d 1072 (S.D.Ohio 2002). Both the state and Lawson appealed that decision to the Sixth Circuit Court of Appeals.
Lawson asserted before the federal habeas court that he was mentally
retarded, and thus ineligible for the death penalty pursuant to the United States Supreme
Court's decision in Atkins v. Virginia ,
Lawson's motion with respect to his mental retardation claim finding he had failed to prove by
a preponderance of the evidence that he is mentally retarded. On appeal, this court affirmed
the trial court's decision denying his petition for postconviction relief. State v. Lawson , 12th
Dist. Clermont No. CA2007-12-116,
relief, claiming the state had interfered with his constitutional right to counsel when a
courtroom deputy overhead conversations between himself and counsel with respect to
finding and interviewing William Payton. The trial court dismissed Lawson's petition. Lawson
appealed to this court. In State v. Lawson , 12th Dist. Clermont No. CA2011-07-056, 2012-
Ohio-548 ( Lawson V ), this court affirmed the trial court's decision. The Ohio Supreme Court
declined to accept jurisdiction of the case. State v. Lawson ,
2. In Atkins , the United States Supreme Court held that executing a mentally retarded person violates the Eighth Amendment's prohibition against cruel and unusual punishment. Atkins at 304.
On April 4, 2013, Lawson filed the instant petition for postconviction relief asserting 16 claims for relief. In response to Lawson's petition, the state filed a motion to dismiss. After considering Lawson's petition, the state's motion to dismiss, and the respective responses, the trial court denied the petition. In denying the petition, the trial court found that the "majority of the information relied upon in this petition is old information that does not meet the standard set forth by R.C. 2953.23(A) and none of the information has demonstrated that the defendant was denied his constitutional rights." Lawson now appeals the trial court's decision, raising three assignments of error for our review. For ease of discussion, we address the assignments of error out of order.
II. Analysis
A. Standard of Review for Postconviction Relief Petitions A postconviction proceeding is not an appeal of a criminal conviction, but
rather, is a collateral civil attack on a criminal judgment. State v. Dillingham , 12th Dist. Butler
Nos. CA2012-02-037 and CA2012-02-042,
or a second or successive petition unless the petitioner demonstrates both of the following requirements:
(a) Either the petitioner shows that the petitioner was unavoidably prevented from discovery of the facts upon which the petitioner must rely to present the claim for relief, or, subsequent * * * to the filing of an earlier petition, the United States Supreme Court recognized a new federal or state right that applies retroactively to persons in the petitioner's situation, and the petition asserts a claim based on that right.
(b) The petitioner shows by clear and convincing evidence that, but for constitutional error at trial, no reasonable factfinder would have found the petitioner guilty of the offense of which the petitioner was convicted or, if the claim challenges a sentence of death that, but for constitutional error at the sentencing hearing, no reasonable factfinder would have found the petitioner eligible for the death sentence. In other words, a court may entertain an untimely or successive petition for
postconviction relief only if the petitioner demonstrates either: (1) he was unavoidably
prevented from discovering the facts necessary for the claim for relief; or (2) the United
States Supreme Court has recognized a new federal or state right that applies retroactively to
persons in the petitioner's situation and the petitioner asserts a claim based on that right.
R.C. 2953.23(A)(1)(a); State v. Kent , 12th Dist. Preble No. CA2013-05-003,
an abuse of discretion standard." State v. Snead , 12th Dist. Clermont No. CA2014-01-014,
B. Constitutional Challenges
{¶ 18} Assignment of Error No. 3:
{¶ 19} THE TRIAL COURT ERRED WHEN IT DID NOT DECLARE R.C. 2953.21 AND [R.C.] 2953.23(A)(2) CONSTITUTIONALLY INFIRM ON THEIR, [SIC] FACE AND AS APPLIED TO APPELLANT. In Lawson's third assignment of error, he challenges the constitutionality of the
postconviction relief statutory scheme in R.C. 2953.21 and R.C. 2953.23(A). Lawson asserts R.C. 2953.23(A) is unconstitutional both on its face and as applied to him. Lawson asserts R.C. 2953.23 is unconstitutional on its face as it violates the
Supremacy Clause of the U.S. Constitution, the Separation of Powers Doctrine, and the "due
course of Law" and "open courts" provisions of Section 16, Article I of the Ohio Constitution.
As conceded by Lawson, this court has already considered and rejected Lawson's
constitutional challenges to R.C. 2953.23 in this regard. Lawson V ,
him. See Lawson V at ¶ 30. Once again, he asserts the statute is unconstitutional as it
applies to him because it denies him the benefit of a "rational and more lenient standard of
review provided by federal rules and judicial decisions." We rejected this argument in
Lawson V , and we find no reason to revisit that decision here. Id. at ¶ 30-33. Lawson has
been afforded ample opportunity to challenge his convictions. He has been afforded the right
to direct appeals, and three prior petitions for postconviction relief. We also note that the
clear and convincing standard found in R.C. 2953.23(A)(1) applied to Lawson's constitutional
challenges only after he filed an unsuccessful petition for postconviction relief, and sought a
second, third, and now a fourth petition for postconviction relief. The state is entitled, at
some point, to the finality of the judgment, and applying a clear and convincing standard to a
fourth petition for postconviction relief is not unconstitutional. See Lawson V at ¶ 32.
Although not specifically labeled as a constitutional argument, Lawson also
challenges R.C. 2953.23(A) on the basis that the phrase "may not entertain" is used as
opposed to "shall not entertain." Lawson contends the trial court erred when it found the
jurisdictional requirements of R.C. 2953.23(A) were mandatory because, according to
Lawson, the plain language of the statute evidences the legislature's intent for trial courts to
maintain discretion over whether it will hear successive postconviction relief petitions.
In State v. Johnson , 5th Dist. Guernsey No. 12 CA 19,
{¶ 25} Having found R.C. 2953.23 is not unconstitutional on its face or as applied to Lawson, his third assignment of error is overruled.
C. Standard Applied to Lawson's Postconviction Relief Motion {¶ 26} Assignment of Error No. 1: THE TRIAL COURT ERRED WHEN IT HELD THAT APPELLANT NEEDED TO
SATISFY THE REQUIREMENTS CONTAINED IN R.C. 2953.23(A) FOR IT TO GRANT APPELLANT RELIEF. In his first assignment of error, Lawson challenges the trial court's finding that
his postconviction relief petition is a successive petition subject to the clear and convincing
standard under R.C. 2953.23(A). Lawson asserts the instant petition should have been
treated as an initial petition, and thus subject to the more lenient standard set forth in R.C.
2953.21. In support of this argument, Lawson cites the Supreme Court of Ohio's decision in
in State v. Lott ,
sentence be vacated based upon the United States Supreme Court's holding that the
execution of mentally retarded criminals violates the Eighth Amendment's ban on cruel and
unusual punishments. Lott at ¶ 4, citing Atkins v. Virginia ,
Lawson urges this court to similarly construe his current petition as an initial
petition because the petition was prompted by the United States Supreme Court's "ground
breaking" decision in Cullen v. Pinholster , ___ U.S. ___,
for a writ of habeas corpus seeks relief based upon a claim that has been "adjudicated on the
merits in State court proceedings," 28 U.S.C. 2254(d) limits review "to the record that was
before the State court that adjudicated the claim on the merits." Pinholster at 1398 .
[3]
In
reaching its decision, the United States Supreme Court reasoned that the purpose of the
structure of federal habeas jurisdiction, including Section 2254, is to ensure "that state courts
are the principal forum for asserting constitutional challenges to state convictions."
Pinholster at 1401, quoting Harrington v. Richter ,
successive petition for postconviction relief. As an initial matter, we note that unlike Atkins , the decision in Pinholster did not establish a new federal right. Rather, the Pinholster decision clarified the evidentiary limits for state prisoners seeking habeas corpus relief in federal court. Pinholster at 1398. The decision did not relate to any constitutional right, but rather interpreted state prisoner's rights with regards to habeas corpus proceedings pursuant to their statutory rights under 28 U.S.C. 2254. Moreover, we do not find that Pinholster instructed state courts to hear
evidence developed at a federal habeas proceeding in order to facilitate a prisoner's habeas
corpus petition. Rather, the Supreme Court's decision provided guidelines and instructions to
the federal district courts with regards to what evidence it could consider under a claim for
relief that has previously been adjudicated on the merits by the state courts as contemplated
under Section 2254(d)(1). Specifically, the Court held that "evidence introduced in federal
court has no bearing on § 2254(d)(1) review. If a claim has been adjudicated on the merits
by a state court, a federal habeas petitioner must overcome the limitation of § 2254(d)(1) on
the record that was before the state court." Pinholster at 1400. As noted by the Pinholster
Court: "Section 2254(b) requires that prisoners must ordinarily exhaust state remedies before
filing for federal habeas relief. It would be contrary to that purpose to allow a petitioner to
overcome an adverse state-court decision with new evidence introduced in a federal habeas
court and reviewed by that court in the first instance effectively de novo." Pinholster at 1399.
[4]
Although the Pinholster decision carries out the goal of "promoting comity,
finality, and federalism by giving state courts the first opportunity to review [a] claim, and to
4. As stated by the Pinholster court, "[a]lthough state prisoners may sometimes submit new evidence in federal
court, [the habeas] statutory scheme is designed to strongly discourage them from doing so. Provisions like
§§2254(d)(2) and (e)(2) ensure that 'federal courts sitting in habeas are not an alternative forum for trying facts
and issues which a prisoner made insufficient effort to pursue in state proceedings.'" Id. at 1401, quoting Williams
v. Taylor ,
correct any constitutional violation in the first instance," we fail to see how this decision required the trial court to consider Lawson's petition without regard to the jurisdictional and evidentiary requirements of R.C. 2953.23(A).
{¶ 35} In addition, we note that in Lott , the Supreme Court stated that any defendants who wanted to raise an Atkins claim must file such a petition within 180 days after the decision, otherwise the petitioner would be required to meet the statutory standards under R.C. 2953.23 for untimely and successive petitions for postconviction relief. Lott at ¶ 24. Pinholster was decided on April 4, 2011; therefore, even if we accepted Lawson's arguments arguendo, the time limit for an initial petition has expired. Lawson did not file the instant petition until April 4, 2013, well outside the 180 day limitation. See R.C. 2953.21. Accordingly, as he failed to meet the timing requirements under R.C. 2953.21, his petition would have still been required to meet the clear and convincing standard for untimely and successive petitions for postconviction relief under R.C. 2953.23.
{¶ 36} Based on the foregoing, we find the trial court did not err in finding Lawson was required to meet the requirements under R.C. 2953.23 in order for the court to entertain the petition. Lawson's second assignment of error is overruled.
D. Merits of Lawson's Claims for Relief Assignment of Error No. 2: THE TRIAL COURT ERRED WHEN IT DENIED APPELLANT RELIEF ON
EACH OF THE SIXTEEN GROUNDS FOR RELIEF CONTAINED IN HIS POST- CONVICTION PETITION. In his second assignment of error, Lawson asserts that he raised 16 distinct
constitutional violations within his petition for postconviction relief and supported those
grounds for relief with evidence. Lawson contends that the trial court therefore erred and
abused its discretion when it denied his petition as to each of the 16 grounds for relief.
Before turning to each of Lawson's grounds for relief, we note that although a
petition for postconviction relief permits a person to bring a collateral challenge to the validity
of a conviction or sentence in a criminal case, it does not provide a petitioner a second
opportunity to litigate a conviction. State v. Rose , 12th Dist. Butler No. CA2012-03-050,
who was represented by counsel from raising and litigating in any proceeding except an
appeal from judgment, any defense or any claimed lack of due process that was raised or
could have been raised by the defendant at the trial, which resulted in that judgment or
conviction, or on an appeal from that judgment. Kent ,
{¶ 42} We now consider each of the 16 grounds for relief in turn, keeping in mind the standard set forth above under R.C. 2953.23.
1. First Ground for Relief
In his first ground for relief, Lawson argues Ohio's statutory scheme for
postconviction relief is unconstitutional because it does not provide an "adequate corrective
process." As recognized in our resolution of Lawson's third assignment of error, this court
has already addressed the constitutionality of Ohio's postconviction relief statutory scheme
and found such to be constitutional. See also Lawson V ,
2. Second and Third Grounds for Relief In his second and third grounds for relief, Lawson challenged his competency. Specifically, Lawson asserted he was incompetent at the time of pretrial, trial, and at sentencing. He further argued that he is presently incompetent, and therefore all proceedings must cease until his competency is restored. We find Lawson's claims regarding his incompetency during pretrial, trial, and
sentencing are barred by the doctrine of res judicata. All of the facts necessary to challenge
Lawson's competency during these proceedings existed at the time of his conviction.
Accordingly, Lawson could have and should have raised this issue at the time of the direct
appeal. See Kent ,
and therefore the postconviction proceedings should have been stayed until his competency
is restored. Alternatively, Lawson argued the trial court erred in failing to order a competency
evaluation. Several Ohio courts have previously considered the argument now raised by
Lawson and have concluded that a petitioner is not entitled, statutorily or constitutionally, to a
competency hearing or evaluation in connection with postconviction proceedings. State v.
Spivey , 7th Dist. Mahoning No. 12 MA 75,
Other than a competency hearing to ensure that a capital defendant is competent to make the decision to forego postconviction proceedings and submit to his execution, a capital defendant is not entitled to a competency evaluation and hearing to determine whether he is competent to assist in the postconviction proceedings.
Spivey at ¶ 42. We agree with the conclusion reached by these courts. As noted above, a
postconviction proceeding is a collateral civil attack on a criminal judgment. Dillingham ,
{¶ 47}
Moreover, even if we had found Lawson was entitled to a competency hearing
and evaluation, Lawson failed to present sufficient evidence which would have required the
trial court to order such a hearing. Much of the evidence presented by Lawson about his
alleged current incompetency relates to his psychiatric treatment while in prison and his
consistent diagnosis of suffering from a "serious mental illness." However, "[h]aving a mental
illness is not necessarily equivalent to being legally incompetent to stand trial." State v.
Blankenship ,
and third grounds for relief.
3. Fourth and Fifth Grounds for Relief In his fourth and fifth grounds for relief, Lawson argued his convictions are void or voidable because he was denied the effective assistance of experts during the trial and mitigation stages of his capital case. Specifically, he claimed he should have been interviewed and evaluated by a psychologist and a neuropsychologist. In the alternative, Lawson asserts his trial counsel was ineffective for failing to employ such competent experts. According to Lawson, if he had been evaluated by these mental health professionals they would have provided additional information to the jury regarding Lawson's state of mind at the time of the murder, and thus such testimony would have impacted both the trial and sentencing phases. Again, we find these arguments are barred by res judicata as Lawson could
have raised his ineffective assistance of counsel claims and his claims relating to the lack of
evidence presented at trial and at mitigation about his mental state during his direct appeal.
See Wagers ,
4. Sixth, Seventh, and Eighth Grounds for Relief In his sixth, seventh, and eighth claims for relief, Lawson asserted several
violations under Brady v. Maryland ,
fully litigated. Specifically, Lawson's claim that the state committed a Brady violation when it
failed to disclose the statements of the Paytons and any related notes made by the
prosecutor during such interviews was fully litigated in Lawson I and Lawson II . This court
and the Ohio Supreme Court reviewed the materials and found no Brady violation. Lawson I ,
12th Dist. Warren No. CA92-10-091,
alleged was favorable to him or would have at least contradicted the trial testimony given by his brother, Timothy Lawson. Essentially, Lawson argued the state's suppression of evidence, particularly, the testimony of William Payton violated his rights as it "debunked the [s]tate's theory" of the case. Specifically, Lawson argued that the state should have disclosed letters written by Clermont County Judge William Walker which indicated Payton had an outstanding felony warrant. In addition, Lawson argued that the state should have disclosed notes from officers within the Clermont County Sheriff's Office which indicated Timothy Lawson had previously threatened to kill Martin. The trial court found that the above exhibits and the related information was not material to guilt or punishment such that there was not a reasonable probability that the proceeding would have turned out differently. Upon review, we agree. Moreover, we note that the evidence relied upon by Lawson within each of these claims for relief has been in existence since the time of the federal hearing in 1997. Accordingly, Lawson has failed to show that he was unavoidably prevented from discovering the facts with which to support these claims. See R.C. 2953.23. Based on the foregoing, we find the trial court did not err in denying relief on
Lawson's sixth, seventh, and eighth grounds for relief.
5. Ninth Ground for Relief In Lawson's ninth ground for relief, he asserted his convictions and sentences
are void or voidable due to prosecutorial misconduct that occurred prior to and during his trial. Lawson argued the prosecutor acted inappropriately by advising Payton not to speak with defense counsel. This argument appears to merely be a repackaging of Lawson's arguments from his third petition for postconviction relief.
{¶ 57} In Lawson V , this court found that there was no indication in the record that the state "hid Payton." Id. at ¶ 50. Rather the record "merely establishes that, on one occasion, an assistant prosecutor advised Payton not to speak with defense counsel in a hallway of the courthouse." Id. Accordingly, we affirmed the trial court's decision denying postconviction relief. As the factual basis for Lawson's ninth ground for relief is the same as that which he relied in his third petition for postconviction relief, we find Lawson could have and should have asserted this argument in that petition. See Johnson at ¶ 47. Lawson has not set forth any new set of facts which would support this claim. As such, this argument is also barred by res judicata. The trial court did not err in denying Lawson's ninth ground for relief.
6. Tenth Ground for Relief In his tenth ground for relief, Lawson argued that the state permitted its key
witness, Timothy Lawson, to give inaccurate and perjured testimony. Essentially, Lawson asserts once more that Timothy Lawson's testimony was false and the state was aware that it was false as his testimony differed from Payton's version of events. Once again, we find this argument is barred by res judicata as Lawson raised
this argument within his first petition for postconviction relief. As noted previously, the trial court denied the motion, and we affirmed that decision in Lawson III , 103 Ohio App.3d at 316 . Moreover, Lawson has not set forth any new evidence in support of this argument which has not been available to him for several years. The evidence Lawson submitted in support of these claims included the hearing transcript from his federal habeas proceedings in 1997 as well as Payton's 1993 affidavit. Lawson has further failed to demonstrate that he was unavoidably prevented from discovering this information as required by R.C. 2953.23. Therefore, we find the trial court did not err in denying Lawson's tenth ground for relief.
7. Eleventh Ground for Relief In Lawson's eleventh ground for relief, he argued that his convictions and
sentences are void or voidable because the state failed to provide its expert, Dr. Roger
Fisher, with all of the information that he needed to render a competent opinion concerning
Lawson's mental state. At trial, Dr. Fisher testified that Lawson knew right from wrong and
was not insane at the time of the offense. In the petition, Lawson asserted that Dr. Fisher,
after being provided with all the requisite information, including Payton's pretrial statements,
"has now concluded" that had he been provided all this information, it "would have made a
difference with respect to his diagnosis." Lawson further argued that the state's failure to
provide all relevant information to Dr. Fisher constituted prosecutorial misconduct. In this ground for relief, Lawson relied upon the testimony of Dr. Fisher that was
taken during the federal habeas proceedings in 1997. Accordingly, the facts which form the
basis for this ground of relief have been available to Lawson since that time. Lawson has
therefore failed to show that he was unavoidably prevented from discovering this information.
See R.C. 2953.23. Moreover, Lawson relied upon this same testimony in his second
postconviction relief petition wherein he asserted he was ineligible for the death penalty as he
is mentally retarded. Consequently, Lawson could have and should raised this claim as to
Dr. Fisher's "new" opinion regarding Lawson's insanity in his second petition for
postconviction relief. As mentioned above, res judicata also bars piecemeal postconviction
relief petitions. See Johnson ,
8. Twelfth and Thirteenth Grounds for Relief In his twelfth and thirteenth grounds for relief, Lawson asserted he was denied
effective assistance of counsel during trial and at mitigation. Specifically, Lawson argues his
trial counsel was ineffective in failing to: (1) have Lawson's competency to stand trial
evaluated; (2) file a motion to suppress; (3) interview certain witnesses, including Payton; (4)
retain a psychologist and neuropsychologist; (5) conduct a reasonable and complete
mitigation investigation; and (6) make certain objections to the admission of evidence. Again, we find these claims are barred by the doctrine of res judicata as
Lawson could have raised these ineffective assistance of counsel claims during his direct
appeal. See Wagers ,
9. Fourteenth Ground for Relief In his fourteenth ground for relief, Lawson argued his convictions and
sentences are void or voidable because the trial court permitted FBI Special Agent Watson to testify regarding the out of court statements made by the Paytons in violation of his rights under the confrontation clause. This claim for relief also has no merit as it is barred by the doctrine of res
judicata. The evidence admitted at trial, including Agent Watson's testimony as to the statements made by the Paytons was well known to Lawson and his appellate counsel. Therefore, he could have and should have appealed this issue during his direct appeal. Kent at ¶ 19. Moreover, as it was well known to both Lawson and his various attorneys that this evidence was admitted at trial, Lawson has also failed to demonstrate, as required under R.C. 2953.23 that he was unavoidably prevented from discovering the facts upon which he relies to present this claim for relief. Accordingly, the trial court did not err in denying relief as to Lawson's fourteenth ground for relief.
10. Fifteenth Ground for Relief In his fifteenth ground for relief, Lawson asserts that his convictions and
sentences are void or voidable because the trial court admitted into evidence custodial statements that were taken in violation of his Fifth Amendment Miranda rights. Again, the fact that trial counsel failed to file a motion to suppress these
statements and that the statements were later admitted at Lawson's trial is not new evidence;
rather, it was well known to Lawson and his appellate counsel. As the evidence necessary to
challenge this alleged constitutional right violation existed based on the original record at trial,
we find this argument also is barred by res judicata. See Lawson III , 103 Ohio App.3d at
315. Lawson should have and could have challenged the admission of his custodial
statements on direct appeal. Moreover, it appears Lawson indeed asserted Miranda
violations within his first petition for postconviction relief. Again, the trial court denied the
petition, and we affirmed. Lawson III ,
11. Sixteenth Ground for Relief In his final ground for relief, Lawson argues that that the cumulative effect of all
the grounds for relief contained in the instant petition and the facts relied upon for those
grounds for relief demonstrate that his constitutional rights have been violated. According to
the cumulative error doctrine, "a conviction will be reversed where the cumulative effect of
errors in a trial deprives a defendant of the constitutional right to a fair trial even though each
of numerous instances of trial court error does not individually constitute cause for reversal."
State v. Hoop , 12th Dist. Brown No. CA2011-07-015,
{¶ 69} Having previously found no error as set forth in Lawson's substantive grounds for relief, we find no cumulative error. Accordingly, the trial court did not err in denying Lawson's sixteenth ground for relief.
E. Evidentiary Hearing
{¶ 70} Within his second through sixteenth grounds for relief, Lawson alternatively argued that the trial court erred by not granting him an evidentiary hearing to develop the facts related to each of his claims for relief. We find no merit to this argument. "An evidentiary hearing is not automatically guaranteed each time a defendant
makes a petition for postconviction relief." State v. Piesciuk , 12th Dist. Butler No. CA2013-
01-011,
was thorough in its analysis and did not abuse its discretion in denying Lawson's postconviction petition without holding a hearing. The trial court did not find substantive facts supporting a claim for relief on constitutional grounds. For the reasons set forth above, we find that the record supports the trial court's conclusions. Accordingly, the trial court did not err in denying the petition without first holding a hearing. In conclusion, we find no error in the trial court's denial of each of the grounds
for relief in Lawson's successive petition for postconviction relief, and further find no abuse of discretion in the trial court's denial of a hearing thereon. Lawson's second assignment of error is therefore overruled.
III. Conclusion After reviewing each of the claimed grounds for relief, we conclude Lawson's petition failed to satisfy the jurisdictional requirements of R.C. 2953.23. The petition does not rely on new evidence and Lawson does not argue that he was unavoidably prevented from discovering the facts upon which he had to rely to present his current claims for relief. Lawson also did not demonstrate that the petition was based on a new federal or state right that has been recognized by the United States Supreme Court. Moreover, Lawson failed to show by clear and convincing evidence that, but for any of the alleged constitutional errors at trial, no reasonable fact-finder would have found him guilty of aggravated murder, or found him eligible for a death sentence. R.C. 2953.23(A)(2). Thus, Lawson failed to demonstrate the criteria set forth in R.C. 2953.23, such that the trial court should have entertained his petition for postconviction relief. Based on the foregoing, we find the trial court did not err in denying his fourth petition for postconviction relief. Judgment affirmed.
S. POWELL, P.J., and PIPER, J., concur.
Notes
[5] Similarly, Lawson's claims
regarding the state's failure to disclose the FBI reports with respect to William Payton were
fully litigated in Lawson II. There, the Supreme Court held that because "the FBI reports
were not in the state's possession, they were not subject to Brady. " Lawson II at 344-345.
Furthermore, Lawson raised substantially these same arguments in his first postconviction
relief petition and each was rejected by the trial court and subsequently affirmed by this court.
See Lawson III ,