2013 Ohio 595
Ohio Ct. App.2013Background
- Jenkins was indicted by a Highland County Grand Jury on four counts: illegal manufacture of a controlled substance, assembly or possession of chemicals used to manufacture a controlled substance with intent to manufacture, assault on a peace officer, and endangering children.
- At trial, evidence submitted to the Ohio Bureau of Criminal Investigation showed methamphetamine in the seized items.
- Jenkins’ trial counsel objected to the chain-of-custody foundation, arguing a missing custodian testimony created a rupture in custody.
- The State argued the chain of custody was adequately established and that credibility, not admissibility, was impacted by any breaks.
- The court overruled the objection, the jury heard the evidence, Jenkins presented no evidence in his defense, and the jury found him guilty on all counts.
- On appeal, Jenkins argues the verdict is against the manifest weight of the evidence due to the alleged chain-of-custody break.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a chain-of-custody break renders a verdict against the weight of the evidence | Jenkins argues the chain break prevented the jury from weighing it | Jenkins contends the trial court should have instructed the jury about the break | No; weight, not admissibility, is affected by breaks in custody; conviction affirmed |
Key Cases Cited
- State v. Eskridge, 38 Ohio St.3d 56 (1988) (manifest-weight review standard; substantial evidence supports conviction)
- State v. Smith, 2007-Ohio-502 (4th Dist.) (weight of evidence and credibility issues for the trier of fact)
- State v. Garrow, 103 Ohio App.3d 368 (1995) (trial court credibility and weight considerations in manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist.) (weight and credibility concerns resolved by the trier of fact)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility of witnesses is primarily for the trier of fact)