Summary
The Ohio Eighth District Court of Appeals affirmed Ta'Naejah Guyton's conviction and sentence for involuntary manslaughter. The court held that, even assuming error in the trial court's viewing of surveillance video outside Guyton's presence before sentencing, Guyton failed to demonstrate prejudice or plain error. The court also noted that Guyton and her attorneys did not object to the procedure.
Topics
Practice areas
Questions Presented
- Whether the trial court violated Guyton’s constitutional and procedural right to be present by viewing surveillance video before sentencing outside her presence.
- Whether any error in viewing the video outside Guyton’s presence constituted plain error requiring reversal.
Holdings
- Even assuming that the trial court erred by viewing the surveillance video without Guyton present, Guyton failed to establish prejudice or that the sentencing outcome clearly would have been different; therefore, the trial court did not commit reversible plain error.
Key quotations
“A defendant’s absence . . . does not necessarily result in prejudicial or constitutional error.”
“The presence of a defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his [or her] absence, and to that extent only.”
“plain error requires more certain proof of prejudice to the appellant. . . . [It] requires proof that the trial result clearly would have been otherwise.”
Factual background
Guyton pleaded guilty to amended Count 1, third-degree-felony involuntary manslaughter, in exchange for dismissal of the remaining charges and deletion of firearm specifications. Before sentencing, the trial judge viewed surveillance video of the offense in the jury room with the parties’ attorneys, but outside Guyton’s presence. No attorney objected before or after the video was shown, and Guyton was present for the remainder of the sentencing hearing. The court imposed a three-year prison sentence.
Procedural history
Guyton was initially charged in a thirteen-count indictment involving aggravated murder, murder, felonious assault, and firearm offenses. She pleaded guilty to amended Count 1, involuntary manslaughter under R.C. 2903.04(B), and the remaining counts were dismissed. Before sentencing, the trial court viewed surveillance video in the jury room with counsel but without Guyton; no party objected. The court imposed a three-year prison sentence, and Guyton appealed. The Eighth District affirmed and remanded for execution of sentence.
Remand instructions
The case was remanded to the trial court for execution of the sentence. The court directed that a special mandate issue and terminated any bail pending appeal.