2011 Ohio 2761
Ohio Ct. App.2011Background
- Defendant-Appellant Dana Hailey was convicted by a Stark County jury of possession of crack cocaine, a felony of the fifth degree.
- Officer Diels observed Hailey in the Newton Zone of Canton around 1:00 a.m. and saw him throw an object behind a tree.
- Officers recovered a baggie containing crack cocaine and a razor blade with cocaine residue from Hailey, found near the tree and on his person.
- Crack cocaine and residue were submitted to the crime lab, which tested positive for cocaine and weighed 0.118 grams.
- Hailey was indicted for possession of crack cocaine and, after a jury trial, was found guilty and sentenced to ten months in prison.
- Hailey appeals asserting the conviction is against the manifest weight and not supported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is supported by sufficient evidence and not against the manifest weight. | Hailey argues insufficiency and weight errors. | Hailey contends the State failed to prove possession beyond a reasonable doubt and that the weight of the record favors acquittal. | Conviction affirmed; sufficient evidence and weight of the evidence support the verdict. |
Key Cases Cited
- Jenks, State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio 1991) (standard of review for sufficiency of evidence)
- Martin, State v. Martin, 20 Ohio App.3d 172, 475 N.E.2d 115 (Ohio App.3d 1983) (reaffirms sufficiency review versus weight review)
- Thompkins, State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (thirteenth juror standard for manifest weight)
- Dempsey, State v. Dempsey, 22 Ohio St.2d 219, 259 N.E.2d 745 (Ohio 1970) (definition of possession including constructive possession)
- Wolery, State v. Wolery, 46 Ohio St.2d 316, 348 N.E.2d 351 (Ohio 1975) (constructive possession framework)
- Taylor, State v. Taylor, 78 Ohio St.3d 15, 676 N.E.2d 82 (Ohio 1997) (circumstantial evidence can establish possession)
- Barr, State v. Barr, 86 Ohio App.3d 227, 620 N.E.2d 242 (Ohio App.3d 1993) (proximity as circumstantial evidence of possession)
- Grant, State v. Grant, 67 Ohio St.3d 465, 620 N.E.2d 50 (Ohio 1993) (ample credible evidence supports verdict)
- D'Ambrosio, State v. D'Ambrosio, 67 Ohio St.3d 185, 616 N.E.2d 909 (Ohio 1993) (credibility and weight of witnesses discretion of the jury)
- Powell, State v. Powell, 87 Ohio App.3d 157, 621 N.E.2d 1328 (Ohio App.3d 1993) (sufficiency and weight considerations)