State v. Miller, Unpublished Decision (9-12-2003)
State v. Miller, Unpublished Decision (9-12-2003)
Opinion of the Court
{¶ 2} Miller was convicted on September 11, 2000 of murder, a violation of R.C.
{¶ 3} Postconviction relief is governed by R.C.
{¶ 4} Here, both Miller's ineffective assistance of counsel claim and his juror misconduct claim were properly dismissed by the trial court without an evidentiary hearing on the basis of res judicata. Miller's claim of ineffective assistance of counsel centers upon two failures surrounding his motion for new trial. Miller states that his trial counsel did not "adequately investigate the juror misconduct" and did not cite to "applicable law, case or statutory" in the motion for new trial. These points could have been argued on appeal; therefore, this claim is barred on postconviction under the doctrine of res judicata. State v.Perry, supra, at paragraphs eight and nine of the syllabus.
{¶ 5} Here, the affidavits presented in this case do not provide the needed information for a postconviction hearing to be mandated. Trial counsel's affidavit showing the lengths he went to in order to secure an affidavit to support juror misconduct counteracts Miller's assertion of incomplete investigation. Furthermore, there is a strong presumption that counsel's performance falls within the wide range of reasonable professional performance. State v. Bradley (1989),
{¶ 6} The major issue that Miller raises relates to juror misconduct. Again, this claim was properly denied without a hearing on the basis of res judicata. State v. Perry, supra, at paragraphs eight and nine of the syllabus. In fact, he raised the exact issue on his direct appeal. State v. Miller, supra, at ¶ 11-20. The analysis has not changed.
{¶ 7} A trial court is prohibited from admitting juror testimony to impeach a jury verdict unless outside evidence of alleged misconduct has been presented. State v. Hessler (2000),
{¶ 8} As noted in State v. Reiner (2000),
{¶ 9} The affidavits in Miller's case are inadmissible under Evid.R. 606(B) because the five affiants6 did not present any information of alleged juror misconduct that they witnessed firsthand. The trial counsel's affidavit, which was included in the motion for new trial, stated that a juror's wife said that her husband participated in improper tests while he was a juror; however, trial counsel was unable to secure an affidavit from her to that effect. The two affiants from the State Public Defender's Office simply claimed that they could not secure an affidavit from the juror's wife, and the last two affidavits were irrelevant to juror misconduct. The trial court, thus, acted properly when it denied Miller's postconviction petition without a hearing.
{¶ 10} Finally, Miller argues that the trial court "applied the wrong standard" when it denied his postconviction petition without a hearing because he failed to "prove or assert prejudice." As noted, a hearing was properly denied on grounds of res judicata, for the petition did not provide evidence of substantive grounds for relief.
{¶ 11} As the trial court properly denied appellant's postconviction petition without a hearing, appellant's sole assignment of error is found not well-taken, and the judgment of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the court costs of this appeal.
"Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief. The petitioner may file a supporting affidavit and other documentary evidence in support of the claim for relief."
The court shall consider a petition that is timely filed under division (A)(2) of this section even if a direct appeal of the judgment is pending. Before granting a hearing on a petition filed under division (A) of this section, the court shall determine whether there are substantive grounds for relief. In making such a determination, the court shall consider, in addition to the petition, the supporting affidavits, and the documentary evidence, all the files and records pertaining to the proceedings against the petitioner, including, but not limited to, the indictment, the court's journal entries, the journalized records of the clerk of the court, and the court reporter's transcript. The court reporter's transcript, if ordered and certified by the court, shall be taxed as court costs. If the court dismisses the petition, it shall make and file findings of fact and conclusions of law with respect to such dismissal.
Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon his or any other juror's mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith. A juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear on any juror, only after some outside evidence of that act or event has been presented. However a juror may testify without the presentation of any outside evidence concerning any threat, any bribe, any attempted threat or bribe, or any improprieties of any officer of the court. His affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying will not be received for these purposes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.