State v. Jackson

Citations

• 160 N.E.3d 454
• 2020 Ohio 4914

Syllabus

Death penalty postconviction relief intellectual disability Atkins hearing Lott factors rebuttable presumption significant subaverage intellectual functioning IQ preponderance of the evidence abuse of discretion competent and credible evidence Ford test remand. - The trial court set aside the death penalty sentence by finding the defendant intellectually disabled under the Lott factors. However, the court misapplied the correct legal standard and relied on erroneous findings of fact thus, constituting an abuse of discretion. The trial court did not adhere to the Lott test when it failed to identify and address the rebuttable presumption. Further, the trial court's decision mistakenly characterized and relied on an achievement score as an IQ score in evaluating whether the defendant has significant subaverage intellectual functioning. The court's reliance on another expert's opinion was inconsistent with the court's own findings and conclusions that the defendant is intellectually disabled. The trial court arbitrarily rejected, without justification, two other experts and their opinions. Despite these errors, the trial court's decision is not completely unsupported by competent and credible evidence that would require reversal of the trial court's decision and reinstate the defendant's death sentence. The case is remanded to the trial court to apply the new Ford test to determine whether the defendant is intellectually disabled.