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State v. Dickerson

Court of Appeals of Ohio, Tenth District

September 30, 2013

State of Ohio, Plaintiff-Appellee,
v.
Regis L. Dickerson, Defendant-Appellant.

APPEAL from the Franklin County Court of Common Pleas. (C.P.C. No. 10CR-09-5617).

Ron O'Brien, Prosecuting Attorney, and Sheryl L. Pritchard, for appellee.

Regis L. Dickerson, pro se.

DECISION

BROWN, J.

(¶ 1} This is an appeal by defendant-appellant, Regis L. Dickerson, from a judgment of the Franklin County Court of Common Pleas denying his petition to vacate or set aside judgment.

(¶ 2} On September 23, 2010, appellant was indicted on two counts of murder with firearm specifications. The matter was tried before a jury and, following deliberations, the jury returned verdicts finding appellant guilty of both counts of murder with the attendant firearm specifications. The trial court merged the murder counts and imposed a sentence of 18 years to life.

(¶ 3} Appellant appealed his conviction, raising two assignments of error in which he challenged the sufficiency and weight of the evidence supporting his convictions, and argued that the trial court erred by not allowing him to present exculpatory evidence. In State v. Dickerson, 10th Dist. No. 11AP-789, 2012-Ohio-3268 ("Dickerson I "), this court overruled appellant's assignments of error and affirmed the judgment of the trial court. Appellant subsequently filed a pro se application to reopen his appeal, which this court denied by memorandum decision in State v. Dickerson, 10th Dist. No. 11AP-789 (Feb. 14, 2013) ("Dickerson II ").

(¶ 4} On July 17, 2012, appellant filed a pro se petition to vacate or set aside the judgment of conviction, alleging the following nine claims for relief: (1) the state withheld the names and addresses of witnesses until the day of trial, (2) trial counsel's failure to object to the non-disclosure of witnesses constituted ineffective assistance of counsel, (3) the jury was exposed to prejudicial newspaper headlines which revealed appellant had previously been acquitted of murder, (4) the prosecution engaged in misconduct at trial by informing the jury that two individuals did not know each other, (5) trial counsel was ineffective in failing to investigate the name of a potential witness provided to counsel by appellant prior to trial, (6) trial counsel was ineffective in providing appellant misleading information regarding a plea bargain, (7) appellant was denied his right to due process because several members of the victim's family had lunch at the same restaurant as several of the jurors, (8) the state failed to provide the correct address of a key witness until after the start of the trial, and (9) trial counsel was ineffective in failing to call a potential witness, Tony Reno, to testify.

(¶ 5} On July 30, 2012, the state filed a memorandum contra appellant's motion to vacate or set aside judgment, arguing that appellant had not provided sufficient evidence to warrant a hearing on the petition, that the claims should have been raised on direct appeal, and that appellant had failed to demonstrate ineffective assistance of trial counsel. By decision and entry filed February 20, 2013, the trial court denied appellant's petition.

(¶ 6} On appeal, appellant sets forth the following five assignments of error for this court's review:

FIRST ASSIGNMENT OF ERROR

THE LOWER COURT ERRED IN NOT GRANTING POSTCONVICTION RELIEF BASED ON APPELLANT'S CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL THEREBY DENYING HIM RIGHT TO COUNSEL GUARANTEED BY THE 6TH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE ONE SECTION TEN OF THE OHIO CONSTITUTION.
SECOND ASSIGNMENT OF ERROR
THE LOWER COURT ERRED IN NOT GRANTING POSTCONVICTION RELIEF BASED UPON APPELLANT'S CLAIM OF JUROR MISCONDUCT THEREBY DENYING HIM RIGHT TO AN IMPARTIAL JURY GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES ...

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