State v. Abner
2021 Ohio 4549
Ohio Ct. App.2021Background
- June 18, 2020: Abner drove on SR-73 in Warren County, causing a crash that killed Jeri Beth Murray; he was driving with a suspended license. Hospital blood and urine tests (later confirmed at the state crime lab) detected methamphetamine/amphetamines.
- August 31, 2020: Grand jury indicted Abner on two counts of aggravated vehicular homicide and three OVI counts.
- December 17, 2020: Abner filed a general motion to suppress the hospital blood/urine test results. A suppression hearing was held Feb. 22, 2021; nurses and lab staff testified about collection and handling.
- April 5, 2021: Trial court denied the motion, finding substantial compliance with Ohio Adm.Code 3701-53-05 (collection/handling rules) and that Abner had not shown prejudice. Samples were taken with non-alcohol antiseptic (chlorhexidine), collected appropriately (urine by catheter into sealed container; blood in sterile tubes with anticoagulant), tested promptly, refrigerated when not under exam, and later retested at the state crime lab.
- April 15, 2021: Abner pleaded no contest to the charged offenses; allied counts were merged and the state elected to sentence on one felony aggravated vehicular homicide and one misdemeanor OVI. Under the Reagan Tokes Law (R.C. 2967.271) he received an indefinite sentence of 11 years minimum to 16.5 years maximum. Abner appealed, raising suppression and ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to suppress blood/urine evidence (Ohio Adm.Code compliance) | Abner: collection/handling violated Ohio Adm.Code 3701-53-05 (possible alcohol antiseptic, lack of independent witness for urine, unclear refrigeration) and hospital lacked proper permit under 3701-53-09, so test results should be suppressed | State: Abner filed a general (boilerplate) motion so state had a slight burden and showed substantial compliance in general terms: chlorhexidine (non‑alcohol) used, urine catheter witnessed, samples tested promptly and refrigerated, and state crime lab later tested samples (permitted) | Denied. Trial court’s factual findings supported; state met its burden. Even if code violations existed, R.C. 4511.19(D)(1)(a) and subsequent crime-lab testing render the results admissible; permit issue harmless. |
| Ineffective assistance for not challenging Reagan Tokes constitutionality | Abner: trial counsel was ineffective for failing to object to or preserve a constitutional challenge to the Reagan Tokes Law (indefinite sentencing) | State: counsel’s failure to raise the challenge was not ineffective because similar constitutional challenges had failed and no controlling authority found Reagan Tokes unconstitutional at sentencing | Denied. Precedent in this district treats failure to raise the Reagan Tokes challenge as non‑ineffective assistance; counsel not ineffective. |
Key Cases Cited
- State v. Turner, 163 Ohio St.3d 421 (discusses mixed question of law and fact review for suppression rulings)
- State v. Burnside, 100 Ohio St.3d 152 (addresses administrative regulations for testing and Burden/standard in suppression context)
- Xenia v. Wallace, 37 Ohio St.3d 216 (describes state burden to show substantial compliance after defendant’s motion)
- State v. Shindler, 70 Ohio St.3d 54 (motion to suppress must state grounds with particularity)
- State v. Banks-Harvey, 152 Ohio St.3d 368 (appellate court independently reviews legal conclusions on suppression)