State v. Hunt
| Decision Date | 12 October 2018 |
| Docket Number | Case No. 17CA3811 |
| Citation | 2018 Ohio 4183 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. DOUGLAS L. HUNT, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
DECISION AND JUDGMENT ENTRY
APPEARANCES:
Matthew F. Loesch, Portsmouth, Ohio, for appellant.
Shane Tieman, Scioto County Prosecuting Attorney, and Jay Willis, Scioto County Assistant Prosecuting Attorney, Portsmouth, Ohio, for appellee.
{¶1} Defendant-appellant, Douglas L. Hunt ("appellant"), appeals his convictions entered in the Scioto County Court of Common Pleas. Following a jury trial, appellant was found guilty of one count of aggravated murder, one count of murder, three counts of endangering children, one count of tampering with evidence, and one count of gross abuse of a corpse.
{¶2} On appeal, appellant first contends that insufficient evidence supports the jury's verdicts, or alternatively, that the verdicts are against the manifest weight of the evidence. Because we find that any rational trier of fact could have found the essential elements of the crimes proven beyond a reasonable doubt, and because substantial evidence supports the verdicts, we disagree. Appellant next contends that the trial court erred when it denied his motion for continuance of the jury trial. Because we find that the trial court acted within its discretion when it denied the motion, we disagree. Appellant next argues that the trial court abused its discretion when it limited his cross-examination of his co-defendant. We disagree. The co- defendant had previously answered appellant's question, and the trial court did not abuse its discretion by limiting repetitive testimony that only served to harass the witness. Appellant next claims that the trial court committed plain error when it failed to give a jury instruction regarding the credibility of accomplice testimony pursuant to R.C. 292303(D). Because appellant has not shown that, but for the trial court's failure to give the required jury instruction, the outcome of the trial would clearly have been otherwise, we disagree. Appellant next contends that his trial counsel's failure to request the jury instruction on accomplice credibility, to object to improper opinion testimony, to object to prior bad acts evidence, and to object to improper prosecutor remarks constitutes ineffective assistance of counsel. We disagree. Appellant next contends that the prosecutor made improper comments during closing argument that affected the fairness of his trial. Because we conclude that the remarks of the prosecutor do not amount to prosecutorial misconduct, we disagree. Appellant next contends that the trial court erred in failing to order a jury view of the scene. Because substantial evidence detailing the scenes of the crimes were introduced and admitted into evidence, we do not believe that the trial court abused its discretion in denying the motion for a jury view. Appellant next asserts that the trial court abused its discretion when it allowed the State to introduce improper hearsay testimony. Because we find the testimony was subject to a hearsay exception, we disagree. Finally, appellant contends that the cumulative error rule requires reversal of his convictions. Because multiple errors did not occur in the proceedings below, we disagree.
{¶3} Accordingly, we overrule all of appellant's assignments of error and affirm the judgment of the trial court.
{¶4} A Scioto County Grand Jury indicted appellant for one count of aggravated murder, one count of murder, three counts of endangering children, one count of tampering with evidence, and one count of gross abuse of a corpse. Thereafter, the State amended the indictment to clarify the dates that the alleged offenses occurred. The case centered on the death of a 6 year-old child, Tyler Joseph Caudill ("TJ"). Margarita White ("White"), TJ's mother, was also indicted on identical charges as a co-defendant.
{¶5} On August 28, 2017, appellant moved for a continuance of the jury trial that had been scheduled for September 5, 2017. Appellant's motion for continuance was based primarily on the fact that his co-defendant, White, had agreed to enter a guilty plea and to testify against him. The trial court denied the motion for continuance the following day; and White was officially disclosed by the State as a witness against appellant on August 31, 2017.
{¶6} Appellant's case proceeded to jury trial on September 5, 2017. The State presented numerous witnesses, including co-defendant White. Appellant did not present any testimony in his case-in-chief. The following facts are adduced from appellant's trial.
{¶7} Michael Caudill testified that he was TJ's biological father. He stated that he and TJ's mother, White, dated on and off for several years; but that the relationship ultimately ended in them agreeing to mutually separate. He testified that following their separation, for about the next year and a half, "everything went great"; and the two shared custody of TJ without issue. He also testified that during this time period TJ was a "happy, healthy baby boy" except for the occasional fit that resulted from TJ's autism. He testified that the relationship between himself and White began to deteriorate when White moved in with appellant around summer of 2015. After White began living with appellant, it became progressively more difficult for Caudill to contact White and to see his son. Caudill testified that the last time he saw TJ was on August 8, 2015, at TJ's fifth birthday party. After that date he testified that he could no longer contact White or his son despite exhaustive efforts to reach them. He contacted police to conduct a welfare check and children service agencies in both Ohio and Kentucky; but the authorities had trouble locating White, appellant, and TJ. Caudill testified that he also contacted the juvenile court and an attorney in an attempt to acquire custody of TJ but was told that he needed a physical address to serve paperwork; but at the time he could not locate appellant, White, or TJ.
{¶8} Lorainia Caudill, TJ's paternal grandmother, also testified at trial. She testified that she regularly visited TJ until the time when White began dating appellant. When White first began dating appellant Lorainia testified that she went from "having [TJ] four evenings and 25-30 hours on the weekend to having him like two weekends a month." At that time, Lorainia testified that TJ was "a healthy child, had no issues, other than being autistic." After TJ's fifth birthday party on August 8, 2015, Lorainia testified that White quit responding to any of her or her son's attempts to visit TJ. Lorainia Caudill also testified that around August 2015, White was living with appellant and TJ and the bunch were constantly moving to new locations. She testified that eventually she and her son were unable to locate White or to speak to her through any means. Lorainia testified that by Spring 2016 she learned that no extended family members had seen TJ for quite sometime, so she and her boyfriend began canvassing neighborhoods in Portsmouth six to seven nights per week in an attempt to locate TJ. Lorainia testified that she hoped to find an address where White, appellant, and TJ were staying so that she and her son could file for custody. While canvassing neighborhoods, Lorainia followed White and appellant on several occasions, but never could find TJ or an address where he might be staying. Lorainia testified that she took notes of the times and locations where she viewed White and appellant, and handed those notes over to the police and to children services.
{¶9} Joe Augustin, a Nurse Practioner at the Southern Ohio Medical Center ("SOMC") in Portsmouth, Ohio, testified in regards to an ER visit on September 11, 2015. Augustin testified that TJ was referred to the ER from SOMC Pediatrics in regards to a leg fracture that occurred after a fall from a stool two days earlier. Augustin testified that no other injuries were noted aside from bruising and swelling at the location of the fracture. Augustin ordered an orthoglass splint to be applied, provided a prescription for pain medication, and referred TJ to SOMC Orthopedics.
{¶10} Dr. Scott Logan, Director of Medical Imaging at SOMC, testified regarding the X-rays taken during the September 11, 2015 visit to the ER. Dr. Logan testified that the fracture that occurred on the left leg was a spiral fracture, which can be consistent with accidental or non-accidental trauma.
{¶11} Lieutenant Michael Hamilton of the Portsmouth Police Department was the next witness to testify at trial. Lieutenant Hamilton testified that he was the lead investigator on the missing person/homicide case. Initially, Lieutenant Hamilton's investigation concerned locating appellant, White, and TJ. Lieutenant Hamilton referred to White and appellant as being "on the lam[]" and "very hard to locate". Lieutenant Hamilton testified that with the help of the Scioto County Sheriff's Office, and law enforcement officers in Kentucky, White was eventually located and arrested1 in the parking lot of the Gatti's restaurant in Portsmouth. At the time of her arrest, White agreed to take Detective Jodi Conkel of the Scioto County Sheriff's Office to where TJ could be located. Lieutenant Hamilton testified that Detective Conkel and White went off on their own, and shortly thereafter Detective Conkel called him and told him to immediately come to the 1500 block of Mabert Road in Portsmouth. Officers then arrived at a vacant house at 1522 Mabert Road, where White had directed Detective Conkel to TJ's dead body. The body waslocated on the side of the house - in a black bag underneath a tabletop - and was badly decomposed. Lieutenant Hamilton testified that he experienced the most putrid smell of human decomposition in his 19 years on the job.
{¶12} Lieutenant Hamilton testified that upon discovering the body he...
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