State v. Gavin
2015 Ohio 2996
Ohio Ct. App.2015Background
- In Sept. 2013 Gavin was indicted for trafficking and possession of heroin, conspiracy, tampering with evidence, and possession of criminal tools; a jury convicted him of trafficking, possession, conspiracy, and tampering (not guilty on criminal-tools counts).
- Police searched the blue Camaro (driven by Gavin regularly and owned/used by his girlfriend Thompson, a probationer) and recovered a bag with 97.4 grams of heroin behind a stereo faceplate under the passenger seat.
- After his arrest Gavin allegedly admitted the contents of the car were his, told others to avoid implicating Thompson, and had recent messages/behavior suggesting active drug dealing and a recent shipment from Chicago.
- Pretrial the State filed an Evid.R. 404(B) notice to use “other acts” testimony about Gavin’s prior drug sales; the trial court permitted use of acts within five months of arrest. Gavin objected pretrial but did not renew objections at trial.
- The jury convicted; trial court merged and imposed an aggregate 14-year prison sentence (11 years mandatory). Gavin appealed, challenging admission of other-acts evidence, sufficiency/manifest weight of drug and tampering convictions, and trial counsel’s failure to move to suppress the vehicle search.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gavin) | Held |
|---|---|---|---|
| Admission of other-acts evidence under Evid.R. 404(B) | Evidence admissible to show scheme/plan and modus operandi | Evidence was remote, prejudicial; pretrial in limine ruling insufficient to preserve error | Overruled — error forfeited by failure to renew objection; no plain error shown and conviction would stand without it |
| Sufficiency / manifest weight of drug convictions (trafficking, possession, conspiracy) | Evidence (confidential informant saw sales, recent shipment, daily use of Camaro, post-arrest admissions) sufficient | No direct proof Gavin exercised dominion/control over drugs in Camaro | Overruled — evidence (including admissions and informant testimony) sufficient and not against manifest weight |
| Tampering with evidence (R.C. 2921.12(A)(1)) | Concealment of heroin in car showed intent to impair evidence availability | No proof Gavin knew an investigation or proceeding was in progress or likely when he concealed the drugs | Sustained — insufficient evidence under State v. Straley: must show knowledge that the evidence related to an existing or likely investigation |
| Ineffective assistance for failing to move to suppress vehicle search | N/A (State defends admissibility) | Counsel deficient for not moving to suppress warrantless probation search of Camaro | Overruled — no deficient performance because suppression motion would lack merit; probation search supported by reasonable suspicion |
Key Cases Cited
- State v. Straley, 139 Ohio St.3d 339 (Sup. Ct. Ohio 2014) (tampering requires defendant knew investigation was in progress or likely and that the evidence related to that investigation)
- State v. Kirkland, 140 Ohio St.3d 73 (Sup. Ct. Ohio 2014) (trial court has broad discretion on Evid.R. 404(B) decisions; abuse-of-discretion standard)
- State v. Diar, 120 Ohio St.3d 460 (Sup. Ct. Ohio 2008) (preservation rule: rulings on motions in limine do not preserve evidentiary error absent contemporaneous trial objection)
- State v. Thompkins, 78 Ohio St.3d 380 (Sup. Ct. Ohio 1997) (manifest-weight standard and when reversal is warranted)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard — whether any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (Sup. Ct. Ohio 1991) (standard for sufficiency review in Ohio)