2023 Ohio 4654
Ohio Ct. App.2023Background
- Daniel Glenn was indicted in January 2022 for multiple charges, including murder, following a double homicide in 2021.
- During the pendency of this case, Glenn was charged in a separate criminal matter.
- The state moved for a trial continuance due to ongoing discovery and evidentiary issues, and subsequently dismissed the case without prejudice for lack of evidence.
- Glenn filed a motion to release property seized by law enforcement (including phones, car titles, ID) after the dismissal, asserting it was no longer needed as evidence.
- The trial court granted Glenn’s motion without opposition from the state and without holding a hearing.
- The state appealed, arguing the property was still needed for a potential retrial and that the court should have held a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in ordering the return of property without a hearing | The state argued the property could be used as evidence in a future retrial; a hearing is statutorily required before return | Glenn did not file a response brief; his motion claimed the property was no longer needed | The trial court erred by not holding a required hearing; order reversed and remanded |
| Whether law enforcement may retain property after dismissal for potential future use | Property can be retained as evidence if a retrial is possible, per R.C. 2981.11(A)(1) | Glenn’s motion simply alleged no further need for the property | Law enforcement may retain evidence potentially needed for retrial; a hearing is needed to determine entitlement |
| Whether the evidence in question was lawfully seized and/or rightfully belongs to Glenn | The state did not address ownership but stressed evidentiary need | Glenn’s motion did not show by a preponderance of the evidence entitlement to all property | Hearing required to establish legality of seizure and rightful ownership |
| Application of statutory hearing requirement (R.C. 2981.03(A)(4)) | A hearing within 21 days of motion to return property is mandatory | No opposition brief filed; Glenn relied on unopposed motion | Failure to conduct hearing violates statute; remanded for compliance |
Key Cases Cited
- State v. Metz, 2019-Ohio-3370 (Ohio Ct. App. 2019) (cell phone evidence may be retained for potential retrial)
- State v. Thompson, 2018-Ohio-4690 (Ohio Ct. App. 2018) (law enforcement can retain cell phones for use in future retrials)
- State v. Bates, 2012-Ohio-1397 (Ohio Ct. App. 2012) (property may be held pending state’s intent to re-indict)
- State v. Rivera, 2014-Ohio-742 (Ohio Ct. App. 2014) (property can be retained if needed for future retrial)
- State v. Holloway, 2021-Ohio-1843 (Ohio Ct. App. 2021) (law enforcement may keep seized property as evidence under R.C. 2981.11(A)(1))