State v. Jackson

Citations

• 2017 Ohio 2651

Syllabus

Trial court res judicata prison cumulative error ineffective evidentiary hearing substance abuse intelligence postconviction death penalty evaluation jury waiver discovery direct appeal mitigation sentence mitigating evidence proportionality phase postconviction proceedings trial strategy alternative cumulative evidence expert. The trial court did not err by denying the inmate's petition for postconviction relief under R.C. 2953.21 based on ineffective assistance of counsel during the mitigation phase of his capital trial because he failed to show how the evidence, if presented, would have resulted in a different outcome. The inmate failed to present sufficient operative facts to warrant a hearing on whether his jury waiver was knowingly, intelligently, and voluntarily made. The inmate's allegations of judicial bias are barred by the doctrine of res judicata. The inmate was not entitled to postconviction relief based on ineffective assistance of counsel during the guilt phase of his trial. Although, because the evidence was outside of the record, the trial court erred by concluding that res judicata barred the claims, the evidence did not establish ineffective assistance of counsel. The trial court did not err by denying the inmate's petition for postconviction relief under R.C. 2953.21 based on the disproportionate nature of Ohio's death penalty as the inmate presented no evidence to demonstrate that the death penalty was applied in a discriminatory manner in this case. Because the inmate failed to support his petition with evidence demonstrating multiple constitutional deprivations, the trial court properly denied his argument regarding cumulative error.