State v. Agee, 98 N.E.3d 1272

Background

Agee was convicted after a one-day bench trial of two third-degree felonies: (1) illegal use/trafficking of food stamps (R.C. 2913.46(B)) and (2) tampering with records (R.C. 2913.42(A)(1)) based on alleged failure to report self‑employment income for 2013–2014, producing a $7,750 overpayment.
The State's case rested on a single CCDJFS investigator, Fred Sims, who had not conducted the original investigation and only reviewed the file prepared by investigator Walsh (who did not testify). Sims frequently speculated about missing documents and caseworker actions.
Key documentary evidence included interim reports (Feb. 2013 and Aug. 2014) and 2013–2014 tax returns; parties stipulated to authenticity of CCDJFS business records but not to their accuracy.
Agee testified she reported income to caseworkers during telephone redeterminations, signed interim reports prepared by caseworkers, and promptly produced tax returns when requested. Several interim reports referenced by the file were missing and were not explained at trial.
The trial court denied Crim.R. 29 motions and found Agee guilty; the appellate court reversed and vacated the convictions for insufficient evidence, holding the State failed to prove the mens rea elements because its sole witness lacked personal knowledge of case-specific communications and procedures.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for illegal use/trafficking of food stamps	CCDJFS: submission of interim reports and tax-derived re‑budgeting established that Agee knowingly used benefits in an unauthorized manner.	Agee: State's witness lacked personal knowledge; missing interim reports and caseworker testimony show no proof of knowing misconduct.	Reversed — evidence insufficient to prove Agee acted knowingly; sole witness speculated and did not have first‑hand knowledge.
Sufficiency of evidence for tampering with records (falsification)	CCDJFS: signing/submitting interim reports amounted to falsification facilitating fraud.	Agee: She signed reports prepared by caseworkers and denied knowledge of any falsification or intent to defraud.	Reversed — State failed to prove knowing and purposeful intent to defraud; mens rea not established.
Admission/stipulation to CCDJFS business records and authenticity	State: stipulation established admissibility and supports convictions.	Agee: Stipulation was to authenticity as business records, not to factual correctness; trial counsel's stipulation did not concede substantive accuracy.	Not dispositive — court noted distinction between authenticity and correctness; insufficiency ruling rendered other claims moot.
Alleged spoliation/missing exculpatory intermediate reports and due process	CCDJFS implied Agee bore responsibility for missing reports; State argued summaries and available records suffice.	Agee: Missing/intermediate interim reports were potentially exculpatory and CCDJFS failed to produce caseworkers to explain them.	Court found State failed its burden to present witnesses with personal knowledge; reversal on insufficiency mooted spoliation/due process claims.

Key Cases Cited

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for sufficiency and manifest-weight review)
Jackson v. Virginia, 443 U.S. 307 (1979) (due process requires evidence sufficient for any rational trier of fact)
State v. Jenks, 61 Ohio St.3d 259 (1991) (Ohio standard aligning with Jackson for sufficiency review)
State v. Leonard, 104 Ohio St.3d 54 (2004) (discussion of sufficiency standards)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective-assistance-of-counsel standard)
California v. Trombetta, 467 U.S. 479 (1984) (due process and preservation of potentially exculpatory evidence)
Arizona v. Youngblood, 488 U.S. 51 (1988) (due process requires bad-faith destruction for relief when police lose evidence)
State v. Brown, 115 Ohio St.3d 55 (2007) (cumulative-error and due-process principles)