State v. Davis
2017 Ohio 495
| Ohio Ct. App. | 2017Background
- Phillip Davis was indicted (originally 520 counts) and after trial was convicted of 25 drug-related counts including: engaging in corrupt activity (R.C. 2923.32), illegal manufacture (R.C. 2925.04), multiple counts of trafficking/ aggravated trafficking in cocaine and methamphetamine, some with weight-based specifications. He received an aggregate 18-year sentence.
- Investigation targeted the "Marlena Park Gang" via a joint task force using surveillance, controlled buys, and federal wiretaps of first Khalif Zione and then Davis; ~70‑day wiretap intercepted ~20,000 communications, many showing Davis directing sales, manufacturing, and distribution.
- Prosecution evidence: recorded phone calls authenticated and explained by task‑force witnesses and corroborating testimony from dealers/users/couriers (Kline, Deborah Ortiz, Joyce Dallas) describing transactions, coding (e.g., "the Hill," "Trap House," slang amounts), manufacture steps, and logistics.
- Defense challenges (on appeal) included: insufficiency and manifest weight of the evidence (including venue), ineffective assistance of trial counsel, motion to suppress the federal wiretap (challenging adequacy of the affidavit under 18 U.S.C. § 2518), and that certain sentencing specifications/ enhancements were improper.
- Trial court denied suppression and the jury convicted; the appellate court reviewed sufficiency, weight, counsel performance (Strickland standard), preservation of suppression issues, and statutory authority for weight specifications.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Davis) | Held |
|---|---|---|---|
| Sufficiency of evidence (trafficking, manufacture, corrupt activity) | Record of taped calls plus corroborating witness testimony established offers/sales, manufacture, transport, and leadership role; venue proper under R.C. 2901.12(H) as part of a course of criminal conduct. | Evidence is circumstantial, relies on inferences and coded language; venue not established for some counts; weight specs invalid because no drugs were introduced. | Affirmed. Viewing evidence in light most favorable to prosecution, a rational juror could convict; venue proper (Clinton County) and weight specifications may be proved circumstantially (Garr distinguishes Chandler). |
| Manifest weight of evidence | Overwhelming recorded and testimonial evidence; jury credibility determinations justified. | Jury verdicts are against the manifest weight—testimony unreliable and state built case on inference. | Affirmed. No manifest miscarriage of justice; jury did not lose its way. |
| Ineffective assistance of counsel | Counsel’s strategic decisions (limited objections) were reasonable; no showing of prejudice under Strickland. | Trial counsel failed to object to numerous hearsay/irrelevant statements and improper prosecutorial remarks, depriving Davis of fair trial. | Affirmed. Performance not shown to be deficient nor prejudicial; routine non‑objections fall within trial strategy. |
| Motion to suppress federal wiretap | Wiretap was lawfully authorized; state presented reasons other measures were unsafe/likely to fail; Ohio law allows use of properly issued federal orders. | Wiretap affidavit failed to show other investigative procedures had been tried and failed (18 U.S.C. § 2518(1)(c)); suppression appropriate. | Affirmed. Appellate claim waived where not raised below; record supports necessity (danger to undercover officers and need to identify supplier); R.C. 2933.52(B) permits reliance on federal order. |
| Sentencing and weight specifications | Weight/specifications may be proved circumstantially where no physical drugs are recovered (per Garr); trial court considered statutory factors and imposed lawful sentences. | Enhancements invalid absent introduction/testing of the drugs (relying on Chandler); allied-offense merger argument for trafficking/manufacture. | Affirmed. Chandler limited to tested recovered substances; Garr controls where no drug recovered. Sentences within statutory range and not contrary to law; offenses not allied. |
Key Cases Cited
- State v. Chandler, 109 Ohio St.3d 223 (2006) (reversed MDO finding where recovered substance tested and proved not to be controlled substance)
- Garr v. Warden, Madison Correctional Inst., 126 Ohio St.3d 334 (2010) (Chandler limited to cases where alleged drug was recovered and tested; weight specifications may be proven circumstantially when no drug recovered)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong standard for ineffective assistance: deficient performance and prejudice)
- State v. Johnson, 112 Ohio St.3d 210 (2006) (discusses trial strategy and objection practice in assessing ineffective‑assistance claims)