State v. Granados
2014 Ohio 1758
Ohio Ct. App.2014Background
- Tip from a school resource officer about marijuana plants leads officers to a residence; residents Wolfe and Marshall admit cultivating plants and allowing search; heroin obtained via a dealer known as Sammy, delivered in a DAP-brand caulking tube; Granados identified as a driver in the drug deliveries during controlled exchanges; 76.3 grams of heroin found in a taped tube in the SUV; Granados is charged with trafficking and possession after a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is sufficient to support trafficking and possession convictions | Granados argues insufficiency and weight | Granados argues evidence fails to prove elements | Sufficiency upheld; not against weight of the evidence |
| Whether the motion to suppress was properly overruled | Wolfe/Marshall tips and corroboration justified stop/arrest | No independent corroboration; suppression should be granted | Motion to suppress properly overruled |
Key Cases Cited
- Jenks v. State, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence has same probative value as direct evidence)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (testimony weight resolved by trier of fact; credibility matters)
- Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight of evidence; exceptional case standard for reversal)
- Ornelas v. United States, 517 U.S. 690 (1996) (totality of circumstances for probable cause/ reasonable suspicion)
- Draper v. United States, 358 U.S. 307 (1959) (probable cause based on informant information)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard; informant credibility)