2024 Ohio 671
Ohio Ct. App.2024Background
- Tavon Maurice Fulton was convicted in Mahoning County, Ohio of three counts of felony drug possession (fentanyl-related compound, cocaine, and Tramadol), each with forfeiture specifications, after a jury trial.
- The case arose from a May 2022 traffic stop. Police stopped a vehicle for traffic violations and noticed a strong odor of marijuana; Fulton was a passenger in the second row.
- Police found three tied-off baggies containing drugs behind the driver’s side of the second row, directly accessible only to Fulton.
- Fulton was found with $140 in cash, and a nearby fanny pack; another occupant (Moorer) claimed drugs in the front but denied ownership of those near Fulton.
- Fulton was sentenced to three years in prison and appealed, claiming insufficient evidence and that his convictions were against the manifest weight of the evidence.
- The Court of Appeals affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for constructive possession | Circumstantial evidence showed Fulton had dominion/control, e.g., proximity, cash, etc. | Fulton did not own the vehicle, no direct evidence tied him to the drugs, mere proximity is insufficient | Sufficient circumstantial evidence supports conviction |
| Manifest weight of the evidence of drug possession | Evidence was credible and jury verdicts were reasonable | Weight of evidence does not support knowing possession; arguments about proximity and nervousness | Verdicts are not against the manifest weight |
Key Cases Cited
- State v. Kingsland, 177 Ohio App.3d 655 (insufficient evidence for constructive possession where defendant was just a passenger and there was no evidence of knowing possession)
- State v. Jenks, 61 Ohio St.3d 259 (circumstantial evidence holds same probative value as direct evidence for criminal convictions)
- State v. Wolery, 46 Ohio St.2d 316 (constructive possession defined as dominion and control even without physical possession)
- State v. Hankerson, 70 Ohio St.2d 87 (proximity may be some evidence of constructive possession, but not sufficient alone)
- State v. DeHass, 10 Ohio St.2d 230 (factfinder determines witness credibility and evidence weight)