State v. Grimes
2011 Ohio 4406
Ohio Ct. App.2011Background
- Defendant Emmanuel Grimes was tried in a consolidated proceeding for three related cases arising from July 2008 incidents: July 1 drug trafficking stop; July 5 armed robbery of his girlfriend; November 15 threats while incarcerated.
- On July 1, officers stopped Grimes for a cracked windshield; marijuana cigarettes and baggies were found in the vehicle and $70 recovered; the marijuana total weighed under 200 grams.
- On July 5, Sankey’s car was taken by Grimes at gunpoint; a loaded handgun, extra magazine, mask, and Sankey’s key ring were recovered later; Grimes had prior felony convictions.
- On November 15, 2008, while incarcerated, Grimes allegedly threatened Sankey’s mother to deter her from testifying.
- The trial court consolidated the three cases over defense objection; the jury convicted Grimes on the July 1 drug trafficking, forfeiture, and July 5 offenses, acquitted one charge, and convicted all charges in the July 5 case and related cases in separate proceedings; sentencing followed with concurrent terms and postrelease control.
- Grimes appeals challenging joinder as error and alleging ineffective assistance of counsel for not moving to suppress marijuana evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consolidation violated Crim.R. 8 and Crim.R. 13 requiring severance | State argues interrelated acts and common scheme justify joinder | Grimes contends cases were unconnected and prejudice resulted | No abuse of discretion; joinder proper because offenses were interrelated and simply understood by jury |
| Whether trial counsel was ineffective for not filing a motion to suppress the marijuana evidence | State did not directly argue on this point; issue framed by defendant | Failure to file suppression motion prejudiced defense and relied on improper search | Counsel not ineffective; suppression motion would have been futile; evidence lawfully obtained under plain view and reasonable stop |
Key Cases Cited
- State v. Czajka, 101 Ohio App.3d 564 (1995) (joinder criteria: interlocking evidence and jury can segregate proof)
- State v. Torres, 66 Ohio St.2d 340 (1981) (joinder favored to avoid multiple trials; common scheme rationale)
- State v. Nelms, 2007-Ohio-4664 (2007) (interrelated incidents shown in Nelms support consolidation)
- State v. Segines, 2008-Ohio-2041 (2008) (review of trial court’s joinder decision for abuse of discretion)