State v. Glenn-Coulverson
2017 Ohio 2671
Ohio Ct. App.2017Background
- In March 2015 a shooter fired into a vehicle in a shopping-plaza parking lot; Esak Gemeraw was killed and two passengers were wounded. Ten spent casings were recovered.
- Multiple bystanders viewed a convenience-store surveillance video (and a still) within about a week; several witnesses (Hunter, Woods, Gillman) identified the person in the video as defendant Nishawn Glenn‑Coulverson; some eyewitnesses testified at trial identifying him as the shooter.
- Detective and patrol officers testified about local gangs; Detective Best (gang expert) tied Glenn‑Coulverson to the James & Livingston Hot Boys and linked that group to Bloods identifiers (e.g., red bandana) and to a pattern of violent criminal activity.
- Glenn‑Coulverson was indicted on two counts of murder (each with firearm and gang specifications), two counts of felonious assault (with firearm specifications), two counts of having a weapon while under disability, and one count of carrying a concealed weapon; he pleaded guilty to one weapons-disability count and the rest were tried.
- Jury convicted on one murder count (with firearm and gang specifications), two felonious-assault counts (with firearm specifications); court found him guilty of the tried weapons-under-disability count. He was sentenced to 35 years to life.
Issues
| Issue | State's Argument | Glenn‑Coulverson's Argument | Held |
|---|---|---|---|
| Admission of gang‑related testimony | Gang testimony was relevant to prove the gang specification and identity/participation; officers were qualified to testify | Testimony was irrelevant, unfairly prejudicial, and impermissible character/other‑acts evidence | Admission proper: relevant to gang specification and not unfairly prejudicial; other‑acts testimony admissible to prove the gang specification |
| Sufficiency / manifest weight of evidence identifying shooter | Multiple eyewitness identifications (pretrial and at trial) and gang‑related facts supported verdicts | Eyewitness ID unreliable, no physical evidence, and no proof the shooting was gang‑related | Guilty verdicts supported by sufficient, credible evidence; convictions not against manifest weight |
| Ineffective assistance of counsel (failure to suppress IDs; jury instructions) | No deficient performance because suppression motion would have failed and jury instructions were not required or were tactical decisions | Counsel should have moved to suppress pretrial IDs and requested R.C. 2933.83 instruction / limiting instruction on other‑acts evidence | Counsel not ineffective: pretrial IDs were not unduly suggestive (no photo/live lineup used) and requested instructions were not required or were reasonable tactical choices |
| Constitutionality / as‑applied challenge to gang specification | State: gang specification proven by evidence of gang membership, patterns of criminal activity, and gang‑related conduct at the scene | Gang specification unconstitutionally applied because shooting was not shown to be gang related | As‑applied challenge not preserved at trial; court rejects the argument on appeal and affirms specification |
Key Cases Cited
- State v. Sage, 31 Ohio St.3d 173 (1987) (trial court has broad discretion on admissibility of evidence)
- State v. Crotts, 104 Ohio St.3d 432 (2004) (definition and limits of "unfair prejudice" under Evid.R. 403)
- State v. Coleman, 85 Ohio St.3d 129 (1999) (other‑acts evidence admissible when necessary to prove an element of a charged specification)
- Neil v. Biggers, 409 U.S. 188 (1972) (two‑step test for suppression of identification evidence: impermissible suggestiveness and reliability under totality of circumstances)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards for sufficiency and manifest‑weight review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)