State v. Montgomery

Citations

• 2020 Ohio 5594

Syllabus

In a triple homicide case, appellant waived jury trial and plead guilty before a three-judge panel. Appellant was found guilty of all capital charges and death penalty specifications. The three-judge panel imposed the death penalty. Appellant direct appealed, and the Supreme Court of Ohio affirmed. Appellant filed a petition for post-conviction relief. The trial court denied the same without conducting an evidentiary hearing. Appellant appealed and this court reversed and remanded to the trial court to conduct an evidentiary hearing on the petition for post-conviction relief. On remand, the trial judge, who had previously presided on the three-judge panel, held an evidentiary hearing on the petition and denied the petition as to the claims of ineffective assistance of counsel during the guilt phase of the proceeding and granted the petition as to the claims of ineffective assistance of counsel during the mitigation/sentencing phase of the proceeding. The state appealed. Appellant cross-appealed. The trial court did not expressly address appellant's claim of disproportionate sentencing but the parties agree the court effectively denied the same. The Supreme Court of Ohio addressed the claim of disproportionality on direct appeal, and the claim of error regarding the same was barred by res judicata. The trial court did not err regarding the specificity of findings of fact and conclusions of law on the remaining claims as the court set forth its reasons in a manner sufficiently detailed and clear to allow for meaningful appellate review. Regarding the mitigation/sentencing phase of the proceeding, the trial court did not abuse its discretion in finding the first prong of the ineffective assistance of counsel test was met. The court's determination that trial counsel was deficient in failing to present expert testimony to explain how untreated childhood trauma impacted appellant later in life, notwithstanding the risk of revealing substantial negatives, was supported by