State v. Harding
102 N.E.3d 1
Ohio Ct. App.2017Background
- Harding drove a car borrowed from his mother with passenger Craig Voight from Ohio toward New York; they were stopped on I-70 after a trooper observed Harding following a semi too closely.
- During the traffic stop, a patrol canine indicated at the rear passenger door; troopers found vacuum-sealed bundles and about 123 pounds of marijuana in totes, a suitcase, and the spare tire well; a vacuum sealer and locks were present.
- Troopers recovered keys from Harding that opened locks on the marijuana bags; Harding initially admitted past marijuana cultivation but denied current knowledge of the contraband, claiming he thought totes contained dishes and clothing.
- Harding was indicted and convicted by a jury of possession of marijuana (R.C. 2925.11) and possession of criminal tools (R.C. 2923.24); he was sentenced to an aggregate eight-year prison term (mandatory on the marijuana count) with an 11-month concurrent term on the criminal-tools count.
- Harding appealed, raising (1) suppression error, (2) insufficiency/manifest weight, (3) sentencing error for the fifth-degree felony term, and (4) ineffective assistance of counsel for failing to move to preserve additional cruiser video.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Harding) | Held |
|---|---|---|---|
| 1. Validity of traffic stop / suppression | Trooper had probable cause to stop Harding for following too closely; canine alert justified search | Stop/search unlawful; suppression should have been granted | Court: Stop supported by probable cause; suppression denial affirmed |
| 2. Sufficiency and manifest weight of evidence | Evidence (canine alert, discovery of 123 lbs of vacuum-sealed marijuana, keys opening bags, admissions) proves knowledge and possession | Insufficient proof Harding knew about marijuana; verdict against manifest weight | Court: Evidence sufficient and not against manifest weight; convictions affirmed |
| 3. Sentencing on fifth-degree felony (criminal tools) | Trial court properly considered R.C. 2929.11/2929.12 and imposed an 11-month term within statutory range; concurrent to mandatory eight-year term | Court needed to make additional findings before imposing prison on fifth-degree felony | Court: No additional findings required because a greater felony (second-degree marijuana) was present; sentence within range and supported by record |
| 4. Ineffective assistance for failing to seek preservation of additional cruiser video | Defense does not show the missing video would be exculpatory or that outcome would differ; burden to show prejudice unmet | Counsel was ineffective for not preserving potentially exculpatory cruiser videos | Court: Counsel not ineffective; Harding failed Strickland showing of prejudice; claim overruled |
Key Cases Cited
- Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17 (Ohio 1988) (appellant must ensure record/transcripts necessary for appeal are filed)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for reviewing sufficiency of the evidence)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (Jackson/Jenks standard: examine evidence in light most favorable to prosecution)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel: deficiency and prejudice)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))