State v. Greene
2012 Ohio 5624
Ohio Ct. App.2012Background
- Defendant-appellant Corey Greene was convicted in Tuscarawas County Court of Common Pleas of aggravated possession of drugs (oxycodone).
- A jury trial occurred after a March 9, 2011 vehicle stop during which pills were found in the car; Frais and Scarborough were in the vehicle with Greene in different seats.
- State Trooper Beach testified that pills were located under the dash area of the defendant’s rental car after an odor of marijuana was detected and separate searches were conducted.
- Dal Frais testified that Greene expressed intentions to go to West Virginia and had previously bragged about drug money and shown blue Percocet pills; Frais’s credibility was contested on cross-examination.
- Greene’s handwritten police statement described being in the car with Frais and suggested Frais himself had marijuana and the pills, while Greene claimed he did not own the pills.
- The trial court admitted Frais’s testimony about Greene’s alleged prior activities as “other acts” evidence under Evid.R. 404(B); the court gave a limiting instruction.
- The jury found Greene guilty, and he was sentenced to five years’ imprisonment and a suspended $7,500 fine; this court reversed and remanded for retrial based on the evidentiary error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of other acts evidence under Evid.R. 404(B). | State argues Frais’s testimony showed motive/intent and a modus operandi. | Greene argues the evidence is not probative of identity or plan and is prejudicial. | Abuse of discretion; error prejudicial, requiring reversal. |
| Sufficiency/weight of the evidence supporting aggravated possession. | State asserts the evidence, including Frais’s testimony, supports conviction beyond reasonable doubt. | Greene contends the evidence is insufficient or against the weight of the evidence. | Conviction supported by sufficient evidence; weight issue deemed premature given the evidentiary error ruling. |
Key Cases Cited
- State v. Sage, 31 Ohio St.3d 173 (1987) (standard for admissibility of evidence; abuse of discretion review)
- State v. Morris, 132 Ohio St.3d 337 (2012) (abuse-of-discretion review for evidentiary decisions)
- State v. Broom, 40 Ohio St.3d 277 (1988) (strict admissibility standard for 404(B) evidence)
- State v. Lowe, 69 Ohio St.3d 527 (1994) (distinguishes evidence of character vs. identity for 404(B))
- State v. Jamison, 49 Ohio St.3d 182 (1990) (modi operandi evidence admissible for identity; requires behavioral fingerprint)