State v. Johnson, 2019 Ohio 1089

Background

Defendant Melvin E. Johnson Jr. was tried in a bench trial for crimes tied to a drug-distribution enterprise (a merged organization led by Vincent Moorer and DeWaylyn Colvin); Johnson was alleged to be a "triggerman."
Johnson was charged with multiple counts; this appeal challenges convictions for attempted murder and felonious assault of J.M., and engaging in a pattern of corrupt activity; other counts were acquittals or merged for sentencing.
Factual core: Moorer used another member’s phone to lure J.M. to a meeting; an SUV arrived, Johnson exited with a gun, shots were fired, J.M. was wounded, and Johnson returned to the SUV which fled the scene. An eyewitness, surveillance video, and text-message printouts corroborated parts of this account.
Key trial evidence: testimony from M.P. (a cooperating co-conspirator who received a plea deal) placing Johnson at the shooting with a gun; Cellbrite extraction of text messages from J.M.’s phone; car-wash surveillance video and a nearby resident’s testimony corroborating the SUV activity.
Sentencing: Johnson received consecutive prison terms, including for attempted murder (with firearm specification) and for engaging in a pattern of corrupt activity; he appealed.

Issues

Issue	State's Argument	Johnson's Argument	Held
Sufficiency / manifest weight of evidence for attempted murder and felonious assault	M.P.’s eyewitness testimony, corroborating surveillance and text evidence, and admissions to co-defendants support convictions	Only few witnesses implicated Johnson; no DNA/physical evidence; M.P. was untrustworthy due to plea deal and needed corroboration	Convictions affirmed: evidence sufficient and not against manifest weight; M.P.’s testimony was corroborated by video, witness, and texts
Confrontation Clause re: admission of text messages from J.M.’s phone	Texts were non-testimonial and properly authenticated by Det. Patton (Cellbrite) and M.P.’s testimony	Texts were testimonial statements of an absent declarant (J.M.) and/or unauthenticated, so admission violated defendant’s confrontation rights	Admission did not violate Confrontation Clause; texts were non-testimonial or properly authenticated; alternatively, any error was harmless given M.P.’s independent, corroborated testimony
Authentication of Cellbrite-extracted texts	Cellbrite printout showing phone numbers plus Det. Patton and M.P. testimony provided sufficient authentication under Evid.R. 901	Cited Hood: records must be properly authenticated; questioned relying on export rather than provider records	Authentication threshold met: circumstantial and witness testimony (Det. Patton, M.P.) sufficed; Cellbrite extraction distinguishes this from Hood
Indictment specificity for predicate offenses in pattern-of-corrupt-activity count	Indictment, bill of particulars, known federal convictions, and pretrial notice put Johnson on sufficient notice; he raised only plain-error on appeal	Indictment’s phrase "and/or other drug offenses (State and/or Federal)" is too vague to allege specific predicate federal convictions	No plain error: record (bill of particulars, timing, federal conviction, pretrial statements) put defendant on notice; conviction upheld

Key Cases Cited

Crawford v. Washington, 541 U.S. 36 (Confrontation Clause bars admission of testimonial out-of-court statements absent prior cross-examination and witness unavailability)
Davis v. Washington, 547 U.S. 813 (Distinguishes testimonial from nontestimonial statements for Confrontation Clause purposes)
Thompkins v. Ohio, 78 Ohio St.3d 380 (Explains manifest-weight standard and appellate scope of review)
State v. Hood, 135 Ohio St.3d 137 (Discusses authentication requirements for phone/provider records)
State v. Williams, 6 Ohio St.3d 281 (Improperly admitted evidence that violates constitutional rights may be harmless if remaining evidence is overwhelming)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Trier of fact best positioned to assess witness credibility and demeanor)