State v. Gilbert, 2012 Ohio 4090

Early morning Sept. 15, 2010, Javey drives north on I-71 with Gilbert as passenger; only occupants.
Deputy Schismenos stops the car for a nonfunctioning rear license plate light and approaches the passenger side for docs.
Gilbert appears nervous, leading the deputy to suspect more than a traffic violation.
A canine unit arrives; drug-sniffing dog alerts to narcotics; car is searched.
Approximately two pounds of marijuana found in the trunk, in two bags wrapped in a trash bag under a winter jacket; fingerprints do not match Gilbert or Javey; Tonya Jennings owned the car.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports possession conviction	Gilbert argues insufficient evidence for possession	Gilbert argues no dominion or control; no access to trunk	Sufficient evidence supports joint possession.
Whether conviction is against the manifest weight of the evidence	Weight favors finding Gilbert had dominion over the drugs	Weight favors acquittal	Conviction not against the manifest weight; affirmed.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency review; de novo standard on appeal for legal sufficiency)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing evidence in sufficiency context)
State v. Robinson, 162 Ohio St. 486 (1955) (quality of evidence review; standard for sufficiency analysis)
Akron v. Marstellar, 155 Ohio App.3d 132 (2003) (sufficiency review guidance in appellate review)
State v. Otten, 33 Ohio App.3d 339 (1986) (manifest weight standard; thirteenth juror concept)
State v. Prade, 139 Ohio App.3d 676 (2000) (manifest weight review and credibility consideration)
State v. Graves, 9th Dist. No. 08CA009397, 2009-Ohio-1133 (2009) (constructive possession analysis; weight of evidence considerations)
State v. Forney, 9th Dist. No. 24361, 2009-Ohio-2999 (2009) (constructive possession principles; evidence weighing in sufficiency/weight)