State v. Steffen

Decision Date28 September 1994
Docket Number87-447,86-642,88-1079 and 88-1286,87-243,Nos. 86-193,86-512,86-1597,86-1499,86-1130,s. 86-193
Citation639 N.E.2d 67,70 Ohio St.3d 399
PartiesThe STATE of Ohio, Appellee, v. STEFFEN, Appellant. The STATE of Ohio, Appellee, v. BYRD, Appellant. The STATE of Ohio, Appellee, v. BEUKE, Appellant. The STATE of Ohio, Appellee, v. ZUERN, Appellant. The STATE of Ohio, Appellee, v. SOWELL, Appellant. The STATE of Ohio, Appellee, v. HOLLOWAY, Appellant. The STATE of Ohio, Appellee, v. POINDEXTER, Appellant. The STATE of Ohio, Appellee, v. HENDERSON, Appellant. The STATE of Ohio, Appellee, v. HICKS, Appellant. The STATE of Ohio, Appellee, v. JAMISON, Appellant.
CourtOhio Supreme Court
[639

N.E.2d 69] 1. Case No. 86-193, David Steffen.

In 1983, a jury convicted David J. Steffen of the murder of Karen Range of Cincinnati. The trial court sentenced him to death, and the court of appeals affirmed Steffen's conviction and sentence. On June 24, 1987, we rejected Steffen's twenty-three propositions of law and unanimously affirmed Steffen's conviction and sentence. 31 Ohio St.3d 111, 31 OBR 273, 509 N.E.2d 383. Steffen then petitioned for a writ of certiorari in the Supreme Court of the United States, which was denied in February 1988. 485 U.S. 916, 108 S.Ct. 1089, 99 L.Ed.2d 250, rehearing denied, 485 U.S. 1030, 108 S.Ct. 1587, 99 L.Ed.2d 902.

On August 7, 1991, the court of appeals affirmed the dismissal of Steffen's petition for postconviction relief. We denied Steffen's jurisdictional motion from that judgment on January 15, 1992, 62 Ohio St.3d 1494, 583 N.E.2d 966, rehearing denied, 63 Ohio St.3d 1407, 585 N.E.2d 428.

In July 1992, Steffen initiated collateral litigation under R.C. 149.43 to gain access to the trial judge's trial notes. We affirmed the dismissal of Steffen's complaint for a writ of mandamus in October 1993. 67 Ohio St.3d 439, 619 N.E.2d 688.

Steffen also applied for delayed reconsideration under State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204. We affirmed the court of appeals' denial of relief in November 1993. 67 Ohio St.3d 1500, 622 N.E.2d 649, rehearing denied, 68 Ohio St.3d 1418, 624 N.E.2d 192.

On March 2, 1994, we denied Steffen's delayed motion to reinstate his direct appeal. On March 14, 1994, the state of Ohio filed a motion to set an execution date.

2. Case No. 86-512, John Byrd.

In 1983, a jury convicted John Byrd of the aggravated murder of Monte Tewksbury. The trial court sentenced him to death, and the court of appeals affirmed his conviction and sentence. In August 1987, we rejected Byrd's nineteen propositions of law and unanimously affirmed his conviction and sentence. State v. Byrd (1987), 32 Ohio St.3d 79, 512 N.E.2d 611. Byrd appealed to the Supreme Court of the United States, which denied his petition for a writ of certiorari in January 1988. 484 U.S. 1037, 108 S.Ct. 763, 98 L.Ed.2d 780, rehearing denied, 485 U.S. 972, 108 S.Ct. 1252, 99 L.Ed.2d 449.

The court of appeals reversed the denial of Byrd's petition for postconviction relief, instructing the trial court to review the entire record. State v. Byrd (Feb. 13, 1991), Hamilton App. No. C-890699, unreported, 1991 WL 17783. We refused to review that judgment. 60 Ohio St.3d 705, 573 N.E.2d 665. In August 1992, we overruled Byrd's jurisdictional motion on his appeal after the remand of his postconviction proceeding. 64 Ohio St.3d 1442, 596 N.E.2d 472.

In February 1991, the court of appeals affirmed the trial court's denial of Byrd's motion for a new trial. State v. Byrd (Feb. 13, 1991), Hamilton App. No. C-890659, unreported, 1991 WL 17781. We refused to accept Byrd's appeal of that judgment. State v. Byrd (1991), 61 Ohio St.3d 1421, 574 N.E.2d 1092.

On October 27, 1993, we affirmed the decision of the court of appeals denying Byrd's application for delayed reconsideration under State v. Murnahan, supra 67 Ohio St.3d 1485, 621 N.E.2d 407, rehearing denied, 68 Ohio St.3d 1412, 623 N.E.2d 568. Also on that date, we denied Byrd's motion for delayed reinstatement of his original appeal. 67 Ohio St.3d 1487, 621 N.E.2d 409, rehearing denied, 68 Ohio St.3d 1411, 623 N.E.2d 567.

Most recently, Byrd applied for a one-hundred-twenty-day stay of the proceedings in his federal habeas corpus case in order to comply with McCleskey v. Zant (1991), 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517. Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, Western Division, denied this motion, concluding that: "The current motions are intended only for purposes of delay. Ten years and eleven months; nine appeals and forty-eight judicial inquiries should be enough." Order of Judge Carl B. Rubin, No. C-1-94-167. The United States Court of Appeals for the Sixth Circuit reversed and granted the stay, No. 94-3251, and the Supreme Court of the United States denied the application to vacate the stay, No. A-758. On April 18, 1994, the state of Ohio filed a motion to set execution date.

3. Case No. 86-642, Michael Beuke.

In October 1983, a jury convicted Michael Beuke of the aggravated murder of Robert S. Craig. The trial court imposed a death sentence, and the court of appeals affirmed. Beuke raised twenty propositions of law, but we rejected these and affirmed Beuke's conviction and sentence in 1988. 38 Ohio St.3d 29, 526 N.E.2d 274, rehearing denied, 38 Ohio St.3d 718, 533 N.E.2d 788. The Supreme Court of the United States denied Beuke's petition for a writ of certiorari. Beuke v. Ohio (1989), 489 U.S. 1071, 109 S.Ct. 1356, 103 L.Ed.2d 823, rehearing denied, 492 U.S. 927, 109 S.Ct. 3268, 106 L.Ed.2d 612.

On August 14, 1991, the court of appeals affirmed the trial court's denial of Beuke's petition for postconviction relief. We then denied Beuke's motion in support of jurisdiction appealing that judgment. State v. Beuke (1992), 62 Ohio St.3d 1496, 583 N.E.2d 968, rehearing denied, 63 Ohio St.3d 1407, 585 N.E.2d 428.

On December 1, 1992, the court of appeals denied Beuke's application for delayed reconsideration pursuant to State v. Murnahan, supra. We affirmed the judgment of the court of appeals (1993), 67 Ohio St.3d 1500, 622 N.E.2d 649, rehearing denied, 68 Ohio St.3d 1418, 624 N.E.2d 192.

On February 9, 1994, we denied Beuke's motion to reinstate his appeal. On February 14, 1994 we revoked his prior stay of execution and set a new execution date of May 16, 1994. Beuke filed a petition for a writ of certiorari in the Supreme Court of the United States on March 22, 1994.

4. Case No. 86-1130, William Zuern.

A jury convicted William Zuern of the 1984 aggravated murder of Phillip Pence. The trial court imposed a sentence of death. In June 1986, the court of appeals affirmed Zuern's conviction and sentence. We affirmed the judgment of the court of appeals on direct appeal in August 1987. 32 Ohio St.3d 56, 512 N.E.2d 585. The Supreme Court of the United States denied Zuern's petition for a writ of certiorari from this judgment. Zuern v. Ohio (1988), 484 U.S. 1047, 108 S.Ct. 786, 98 L.Ed.2d 872, rehearing denied, 485 U.S. 972, 108 S.Ct. 1252, 99 L.Ed.2d 449.

On December 4, 1991, the court of appeals affirmed the trial court's dismissal of his petition for postconviction relief. We overruled a motion for jurisdiction appealing from that judgment. State v. Zuern (1992), 63 Ohio St.3d 1458, 590 N.E.2d 752, rehearing denied, 64 Ohio St.3d 1406, 591 N.E.2d 1249.

Zuern initiated a collateral action under R.C. 149.43 to gain access to certain records of the Hamilton County Sheriff. That litigation concluded in 1990, when we affirmed the judgment of the court of appeals mandating the release of certain records. State ex rel. Zuern v. Leis (1990), 56 Ohio St.3d 20, 564 N.E.2d 81.

On September 17, 1992, Zuern filed a motion in this court to reinstate his direct appeal. The state in response filed a motion to dismiss, which this court granted on November 18, 1992. 65 Ohio St.3d 1455, 602 N.E.2d 251. On December 2, 1992, we overruled Zuern's motion for delayed appeal and memorandum in support of jurisdiction. 65 Ohio St.3d 1463, 602 N.E.2d 1172. We last set Zuern's execution date for October 5, 1992.

5. Case No. 86-1499, Billy Joe Sowell.

A three-judge panel convicted Sowell of the 1983 aggravated murder of Calvert Graham and sentenced him to death. The court of appeals affirmed the conviction and sentence. We rejected Sowell's sixteen propositions of law and affirmed its judgment. State v. Sowell (1988), 39 Ohio St.3d 322, 530 N.E.2d 1294, rehearing denied, 40 Ohio St.3d 710, 534 N.E.2d 851. Sowell applied for a writ of certiorari in the Supreme Court of the United States, which was denied. Sowell v. Ohio (1989), 490 U.S. 1028, 109 S.Ct. 1766, 104 L.Ed.2d 201, rehearing denied, 490 U.S. 1096, 109 S.Ct. 2444, 104 L.Ed.2d 999.

Sowell filed a petition for postconviction relief, which the trial court denied. The court of appeals affirmed on June 26, 1991. 73 Ohio App.3d 672, 598 N.E.2d 136. We rejected Sowell's effort to appeal the judgment of the court of appeals in 1991. 62 Ohio St.3d 1456, 579 N.E.2d 1394, rehearing denied, 62 Ohio St.3d 1485, 581 N.E.2d 1391.

Sowell filed a motion for delayed reconsideration in the court of appeals pursuant to State v. Murnahan, supra, which was denied on October 1, 1992. We affirmed the judgment of the court of appeals on November 17, 1993. 67 Ohio St.3d 1500, 622 N.E.2d 649, rehearing denied, 68 Ohio St.3d 1418, 624 N.E.2d 192.

On March 9, 1994, we revoked his stay of execution and set a new execution date for June 7, 1994. Sowell filed a petition for a writ of certiorari in the Supreme Court of the United States on March 22, 1994.

6. Case No. 86-1597, Earl Allen Holloway.

On August 30, 1984, a grand jury indicted Earl Allen Holloway for the aggravated murder of eighty-four-year-old Clara Wilson. Ultimately, a jury found Holloway guilty and the trial court imposed a sentence of death. The court of appeals affirmed his...

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