State v. Gibson
2017 Ohio 1266
| Ohio Ct. App. | 2017Background
- Christopher Gibson was booked into Noble County Jail (Feb 25, 2015); an initial head-to-toe search would not reveal ingested contraband.
- On Feb 26 an officer smelled marijuana in a 16-person dorm (DO-3); a first search found nothing but Gibson later gave varying explanations about the source.
- On Feb 28 officers found two marijuana‑filled balloons wrapped in toilet paper inside a jail-issued “spit cup” next to Gibson’s bunk; Gibson allegedly admitted the cup was his and that the drugs were his.
- BCI testing confirmed the balloons contained marijuana; surveillance did not show anyone accessing the relevant electrical outlet and was not made part of the record.
- Gibson was indicted for illegal conveyance of prohibited items onto detention‑facility grounds (R.C. 2921.36(A)(2)), convicted by a jury, sentenced to 30 months, and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gibson) | Held |
|---|---|---|---|
| 1. Manifest weight of the evidence | Evidence (balloons in Gibson’s cup, admissions, BCI test) supports conviction | No physical discovery on person, surveillance inconclusive, evolving/conflicting statements, chain‑of‑custody gaps | Court: Verdict not against manifest weight; jury could credit officers and admissions |
| 2. Ineffective assistance of counsel | Counsel’s strategic choices reasonable; no showing of prejudice | Counsel failed to subpoena key witness (Hess), failed to introduce records, didn’t file motions | Court: No deficient‑prejudice showing; failure to call Hess not shown to be prejudicial |
| 3. Cumulative error (including Miranda claim) | Any errors were harmless individually and cumulatively; on‑scene jail questioning fits Miranda exception | Failure to give Miranda and other errors denied fair trial; racial bias and delay prejudiced him | Court: No cumulative error; on‑scene questioning exception applies; racial claim unsupported by record |
| 4. Chain of custody/admissibility of narcotics | Procedures (locked pre‑evidence locker, paperwork, scheduled transports, BCI codes) establish reasonable certainty against tampering | State failed to prove full chain of custody; witnesses unsure who transported evidence | Court: State met burden of reasonable certainty; any breaks go to weight, not admissibility |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest‑weight review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective‑assistance test)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (applying Strickland in Ohio)
- State v. DeMarco, 31 Ohio St.3d 191 (1987) (doctrine of cumulative error)
- In re Lemons, 77 Ohio App.3d 691 (1991) (state must show to reasonable certainty that evidence was not tampered with)
- State v. Porter, 178 Ohio App.3d 304 (2008) (narrow Miranda exception for on‑the‑scene jail/prison questioning)
- State v. Holt, 132 Ohio App.3d 601 (1998) (on‑scene questioning in custodial settings and Miranda)