State v. Banks
2011 Ohio 3801
Ohio Ct. App.2011Background
- Appellant Sherika Banks was indicted on four counts related to crack cocaine trafficking and possession, plus aiding a drug offense with a 2008 Chrysler.
- Trial evidence centered on a May 22, 2010 buy/bust in which confidential informant Danny Wilson bought crack cocaine; Wilson had prior drug-trafficking history.
- MCU officers surveilled Wilson as he met with Leeper at a gas station; Wilson wore a wireless transmitter during the transaction.
- The recovered drugs were found in Wilson’s hand and in a bag inside the Chrysler; Banks was driving, Leeper was in the front passenger seat, Wilson in the back.
- Testimony linked Banks to transporting Leeper from Columbus to Lancaster and hiding crack cocaine in her underwear; Leeper testified against Banks under a plea deal.
- The jury convicted Banks on all four counts; sentencing merged related offenses and imposed a two-year mandatory term plus concurrent/further terms and community control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Banks alleges counsel failed to impeach Wilson and to object to other acts evidence. | Banks contends trial strategy failing to call Wilson or challenge competency undermined defense. | Overruled; counsel's strategic decisions were within trial tactics and not ineffective. |
| Sufficiency/Crim.R. 29 and chain of custody | State failed to establish proper chain of custody for contraband. | Chain breaks affect weight, not admissibility; conviction should be reversed for weight. | Overruled; sufficient evidence and no reversible chain-of-custody defect; conviction affirmed. |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (ineffective assistance standard; presumption of reasonableness)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance)
- State v. Murphy, 91 Ohio St.3d 516 (Ohio 2001) (trial strategy decisions are generally not second-guessed)
- State v. Woullard, 158 Ohio App.3d 31 (Ohio App. 2004) (trial strategy and prejudice considerations in evaluating counsel performance)
- State v. Yarber, 102 Ohio App.3d 185 (Ohio App. 1995) (limits on appellate review of trial strategy)
- State v. Brown, 38 Ohio St.3d 305 (Ohio 1988) (defendant claims regarding strategic decisions and effectiveness)
- State v. Kinney, 35 Ohio App.3d 84 (Ohio App. 1987) (competency of witnesses and Rule 601 considerations)