State v. Williamson

Summary

The Ninth District Court of Appeals of Ohio affirmed Desean Williamson’s convictions for two counts of murder and one count of felonious assault. The court rejected or declined to reach his assignments of error concerning speedy trial, sufficiency and manifest weight of the evidence, ineffective assistance of counsel, cumulative error, Batson, evidentiary rulings, and jury instructions, emphasizing the incomplete appellate record and undeveloped appellate arguments. Williamson was sentenced to life imprisonment with parole eligibility after 15 years.

Holdings

1. The court will not address a speedy-trial assignment of error supported only by conclusory statements and no developed argument.
2. When the appellant fails to provide a complete record necessary for appellate review, the court cannot review sufficiency-of-the-evidence or manifest-weight challenges dependent on the missing portions.
3. An acquittal on a firearm specification does not undermine a guilty verdict on the principal offense when the principal-offense conviction is supported by the evidence.
4. Williamson failed to establish ineffective assistance because he did not demonstrate deficient performance and prejudice on the record before the court.
5. Batson does not apply to prospective jurors removed for cause; it applies only to jurors removed by peremptory challenge.
6. A defendant who agreed to the trial court's responses to jury questions forfeits ordinary appellate review and must demonstrate plain error; an appellate court will not construct a plain-error argument that the appellant failed to make.

Questions Presented

1. Whether the trial court erred by denying Williamson's motion to dismiss on speedy-trial grounds.
2. Whether the murder and felonious-assault convictions were supported by sufficient evidence.
3. Whether the convictions were against the manifest weight of the evidence because the jury acquitted Williamson of the firearm specifications while convicting him of the principal offenses.
4. Whether trial counsel rendered ineffective assistance by allegedly failing to investigate, communicate with Williamson, and present defense witnesses or other evidence.
5. Whether cumulative error deprived Williamson of a fair trial and due process.
6. Whether the trial court violated Batson v. Kentucky by removing two African-American prospective jurors for cause.
7. Whether the trial court improperly admitted text messages over defense objections.
8. Whether the trial court improperly responded to jury questions without giving an Allen instruction.

Disposition

affirmed