State v. Dixon
| Decision Date | 14 April 2004 |
| Docket Number | No. 2001-0013.,2001-0013. |
| Citation | 2004 Ohio 1585,101 Ohio St.3d 328,805 NE 2d 1042 |
| Parties | The State of Ohio, Appellee, v. Dixon, Appellant. |
| Court | Ohio Supreme Court |
{¶1} Archie J. Dixon, defendant-appellant, and Christopher Hammer were friends and former housemates. On September 22, 1993, Dixon and a co-defendant, Timothy Hoffner, beat Hammer, tied him to a bed, and stole the contents of his wallet and his automobile. Dixon and Hoffner then drove Hammer to a remote area, buried him alive in a shallow grave, and left him to die. Dixon was convicted of the aggravated murder, aggravated robbery, and kidnapping of Hammer, and was sentenced to death.
{¶2} Hammer began his friendship with Dixon and Hoffner in the summer of 1993. For a short period of time in mid-August 1993, Dixon, Hoffner, and Hammer stayed at the Toledo home of Kirsten Wilkerson, Dixon's girlfriend.
{¶3} In early September 1993, Dixon, Hoffner, and Michael Elting borrowed Hammer's car, a 1987 Dodge Daytona, to go to the movies. According to Elting, Dixon and Hoffner discussed what they could do with Hammer's car and where they could store it.
{¶4} On the afternoon of September 21, 1993, Dixon told Wilkerson that he and Hoffner were going to "get Chris tonight." Wilkerson understood this to mean that Dixon and Hoffner were going to kill Hammer. Later that evening, Dixon, Hoffner, and Hammer met at a Toledo pool hall.
{¶5} In the early morning of September 22, Dixon, Hoffner, and Hammer arrived at Wilkerson's house. Once there, Dixon and Hoffner attacked Hammer and severely beat him. Hoffner tried to break Hammer's neck, and Dixon struck Hammer in the head with a wine bottle. Hammer, in substantial pain and bleeding, begged his attackers to stop. Dixon and Hoffner then tied Hammer to a bunk bed ladder, and Dixon went through Hammer's wallet, taking $11 in cash, Hammer's birth certificate, and his Social Security card. At one point, Dixon and Hoffner discussed how they could dispose of Hammer's body.
{¶6} Dixon and Hoffner left Wilkerson's house to dig a grave, while Hammer remained tied to the ladder. After Dixon and Hoffner returned, they, along with Wilkerson, drove Hammer to the grave site in Hammer's car. Wilkerson stayed at the car while Dixon and Hoffner walked Hammer into the woods, where they smoked a cigarette and said a prayer. Then they gagged and blindfolded Hammer, tied his hands and feet behind his back, and pushed him into the grave, still alive. Dixon and Hoffner held Hammer down while they covered him with dirt. After Hammer was completely buried, Dixon and Hoffner walked back and forth across the grave, packing down the dirt.
{¶7} On September 25, 1993, as part of a plan to sell Hammer's car, Dixon obtained a state of Ohio identification ("ID") card with his photograph but in Hammer's name. On September 30, Dixon obtained a duplicate certificate of title for Hammer's Dodge Daytona. Dixon then sold Hammer's car to a Toledo car dealer for $2,800.
{¶8} On November 1, 1993, an Ottawa Hills police officer stopped Dixon for vehicle equipment violations while he was driving Hoffner's Chrysler Cordoba. When the officer discovered that Dixon did not have driving privileges, the officer impounded the car. During an inventory of Dixon's car, police found the ID card with Dixon's picture but Hammer's name, address, birth date, and Social Security number.
{¶9} By November 8, 1993, police officers investigating Hammer's disappearance had located his Dodge Daytona at a used car lot in Toledo, had confirmed its unauthorized sale on September 30, and had identified Dixon as the prime suspect in the vehicle transaction. On November 9, Dixon was arrested and charged with forgery. Police, who did not advise Dixon of his Miranda rights, questioned him regarding the sale of Hammer's car. However, the primary interest of the police was not the sale of the car but Hammer's disappearance. During this interview, Dixon confessed to the auto title forgery but denied all knowledge of Hammer's disappearance.
{¶10} Early on the afternoon of November 9, Hoffner led police to the location of Hammer's body. Dr. Cynthia Beisser, Deputy Coroner of Lucas County, performed the autopsy and concluded that Hammer had died of asphyxia. Dr. Beisser opined that Hammer had died within eight minutes of being buried and remained conscious during the first two to three minutes.
{¶11} After Hammer's body was exhumed, police interviewed Dixon again. Police twice advised Dixon of his Miranda rights. He signed a waiver-of-rights form and provided a tape-recorded account of the kidnapping, robbery, and murder of Hammer that reflects the facts already described.
{¶12} The defense presented no evidence during the trial phase.
{¶13} The grand jury indicted Dixon, Hoffner, and Wilkerson for the aggravated murder, kidnapping, and aggravated robbery of Hammer. Dixon was indicted on three counts of aggravated murder. Count nine of the indictment charged Dixon with aggravated murder involving prior calculation and design pursuant to R.C. 2903.01(A). Count ten charged Dixon with aggravated murder while committing kidnapping, and count 11 charged Dixon with aggravated murder while committing aggravated robbery, both pursuant to R.C. 2903.01(B). Dixon was also indicted for kidnapping in count twelve, aggravated robbery in count 13, and three counts of forgery in counts 14, 15, and 16.
{¶14} Each count of aggravated murder contained two identical R.C. 2929.04(A)(7) death-penalty specifications. The first specification charged aggravated murder during a kidnapping, and the second charged aggravated murder during an aggravated robbery.
{¶15} The jury convicted Dixon as charged and recommended the death penalty. The trial court sentenced Dixon to death for the murder, ten to 25 years in prison for each kidnapping and aggravated robbery conviction, and to 18 months in prison for each forgery offense. All prison terms were consecutive. The court of appeals affirmed Dixon's convictions and sentence of death. The cause is now before this court upon an appeal as of right.
{¶16} In proposition of law No. 1, Dixon challenges the court of appeals' decision to reverse the trial court's suppression of his murder confession. The trial court had suppressed Dixon's statements admitting to the auto title forgery and to Hammer's murder. The state filed an appeal, pursuant to R.C. 2945.67 and Crim.R. 12(J), challenging only the suppression of Dixon's murder confession. The court of appeals reversed the trial court's decision, and the trial proceeded with the confession in evidence. State v. Dixon (1995), 101 Ohio App.3d 552, 656 N.E.2d 1.
{¶17} Dixon contends that his confession was inadmissible because the police decision not to administer Miranda warnings undermined his ability to exercise his will to refuse to speak, depriving him of his Fifth Amendment right against self-incrimination.
{¶18} During the investigation into Hammer's disappearance, the police questioned Dixon on four separate occasions, three of which are relevant here. On November 4, 1993, Dixon went to the Sylvania Township Police Department to obtain the release of the impounded Chrysler. Coincidentally, Toledo Detective Ron Scanlon was then meeting with Sylvania Detective Vern Snow regarding Hammer's disappearance. Scanlon had information that Dixon and Hammer had once lived together, and he and Snow attempted to question Dixon ("session I"). Although Dixon was not under arrest or in custody, Scanlon issued Miranda warnings. When Dixon said that he wanted to speak with his attorney, the detectives stopped questioning him, and Dixon left the station.
{¶19} On November 9, 1993, Dixon was arrested for forgery, and Snow and Detective Phil Kulakoski questioned Dixon at the Toledo Police Department ("session II"). Kulakoski, after consulting with Snow, decided not to advise Dixon of his Miranda rights because the detectives believed that Dixon would invoke his right to counsel if he were issued Miranda warnings.
{¶20} The detectives questioned Dixon from approximately 11:30 a.m. to 3:30 p.m. Because of several breaks during questioning, the entire interview lasted only about 45 minutes. The police were focused primarily on Hammer's disappearance, but Dixon made incriminating statements regarding only the forgery charge. He denied all knowledge of Hammer's disappearance during the session II interview. In response to Kulakoski's assertion that something had happened to Hammer, Dixon stated:
{¶21}
{¶22} At the end of the interview, Dixon was returned to the county jail. Shortly thereafter, Kulakoski learned that Hammer's body had been discovered. As a result, Kulakoski and Detective Robert Leiter decided to question Dixon again. At approximately 7:30 p.m., Kulakoski and Leiter transported Dixon to the station. Prior to any questioning from police, Dixon volunteered that he had heard that police had found a body and asked whether Hoffner was in custody. After police told Dixon that Hoffner was not in custody, Dixon said, "I talked to my attorney, and I want to tell you what happened." Police then twice advised Dixon of his Miranda rights, and the second warning was tape-recorded. Dixon waived his Miranda rights, signed a waiver-of-rights form, and gave a statement implicating himself and Hoffner in Hammer's death ("session III").
{¶23} The parties do not dispute that the statements Dixon made in session II were properly suppressed. At issue...
To continue reading
Request your trial
-
State v. Worley
...or asking too few questions of prospective jurors falls within the wide range of reasonable professional assistance." State v. Dixon , 101 Ohio St.3d 328, 2004-Ohio-1585, 805 N.E.2d 1042, ¶ 45. Moreover, the prospective jurors were subject to questioning from both the bench and the prosecut......
-
State v. Conway
...counsel failed to present. Nor does the record before the court indicate that other mitigating evidence was available. See State v. Dixon, 101 Ohio St.3d 328, 2004-Ohio-1585, 805 N.E.2d 1042, at ¶ 59-62. See, also, Wiggins v. Smith (2003), 539 U.S. 510, 123 S.Ct. 2527, 156 L.Ed.2d 471. Ther......
-
State v. Ford
...are considered to be neither threats nor promises." State v. Loza , 71 Ohio St.3d 61, 67, 641 N.E.2d 1082 (1994) ; see also State v. Dixon , 101 Ohio St.3d 328, 2004-Ohio-1585, 805 N.E.2d 1042, ¶ 29. Finally, it is not unduly coercive for a law-enforcement officer to mention potential punis......
-
State v. Hunter
...who fails to conduct a reasonable investigation into a defendant's history and background provides ineffective assistance. State v. Dixon, 101 Ohio St.3d 328, 2004-Ohio-1585, 805 N.E.2d 1042, ¶ 60, citing Wiggins v. Smith (2003), 539 U.S. 510, 123 S.Ct. 2527, 156 L.Ed.2d 471. However, Hunte......