State v. Estes, 2014 Ohio 3295

On July 16, 2012, Matthew Estes was a handcuffed passenger in the backseat of an Ohio State Highway Patrol cruiser after a car accident and arrest on an outstanding warrant.
Troopers patted Estes twice at the scene; no weapons or contraband were found on his person.
After transporting Estes and after he exited the cruiser, Sergeant Luebbers lifted the removable foam backseat and found a cut straw and a micro-sized baggie containing heroin beneath the seat.
Forensic testing: no usable fingerprints on the baggie; DNA on the straw was male and did not match Estes; the baggie was not DNA-tested.
Estes was indicted for heroin possession and drug paraphernalia possession, convicted by a jury, sentenced to community control, and appealed claiming (1) insufficiency/manifest weight and (2) trial court abused discretion by denying a request to search the unidentified DNA in CODIS and by denying a new trial (Brady claim).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported convictions for possession of heroin and paraphernalia	State: circumstantial evidence (items found under seat immediately after Estes exited; cruiser had been checked earlier; Estes observed leaning left in backseat) supports inference Estes possessed and hid items	Estes: officers failed to find items on two pat-downs and cruiser search; DNA on straw excluded him, so insufficient proof of possession	Court: Affirmed — circumstantial evidence sufficed; conviction not against manifest weight or insufficient
Whether trial court erred in denying motion to search unidentified DNA in CODIS and in denying new trial under Brady	State: DNA excluded Estes; identity of DNA source was not material to guilt and would not probably change outcome	Estes: identification of unknown male DNA in CODIS could exculpate him and is favorable/material evidence under Brady	Court: Denial affirmed — appellant failed to show a reasonable probability that CODIS identification would have changed verdict; identity of DNA not material to elements of offenses

Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution must disclose evidence favorable to defendant if material to guilt or punishment)
Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) ("material" means reasonable probability that outcome would have been different)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for granting new trial on weight of evidence)
State v. Lang, 129 Ohio St.3d 512 (Ohio 2011) (appellate review of manifest-weight claims and standards)
State v. LaMar, 95 Ohio St.3d 181 (Ohio 2002) (application of Brady in Ohio criminal cases)
State v. Emerson, 192 Ohio App.3d 446 (Ohio Ct. App. 2011) (background on CODIS structure and use)
State v. Shannon, 191 Ohio App.3d 8 (Ohio Ct. App. 2010) (circumstantial evidence can support conviction)