Nature of the Case
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Facts
D was playing cards with Alicia Binion, Tabitha Powell, and John Paul Kellar at a house in Warren, Ohio. Ms. Binion resided at the house with Mr. Kellar, whom she described as her cousin, and Powell, who was engaged to Kellar. Binion was acquainted with D because she had been a drug user and purchased drugs from him. D made advances toward Powell and Binion, and he and Kellar began arguing. The argument lasted a few minutes and was resolved. Binion asked D to leave the residence, which he did. The following day, Binion, Powell, and Kellar were at the residence. Binion was getting ready to leave the residence to obtain money for the purchase of drugs. At 6:30 p.m., D knocked on the door. Binion did not want to answer but Kellar told her to do so. Binion answered the door, Hope came inside and asked where Kellar and Powell were located. He began walking toward the back bedroom. Kellar walked out into the hallway to meet him. D had his hands in his coat pockets. Suddenly, D removed a gun from his coat pocket and shot Kellar twice in the chest area at close range. D then said, 'Who's the bitch now?' and kicked Kellar. D forced the two women into Powell's van by gunpoint. He ordered Powell to drive the van a few streets over and had the two women get out, walk through some backyards, and lie down on their stomachs on the porch of a house on Ward Street. Powell eventually escaped and called the police. Eventually, around 10 days later, Binion was released. D was apprehended. D was indicted on two counts of aggravated murder, each with a firearm specification, aggravated robbery with a firearm specification, two counts of kidnapping, each with a firearm specification, having weapons while under disability, and tampering with evidence. At trial, D rested without calling any witnesses. The jury found D guilty on all the counts and specifications contained in the indictment. D appealed.
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