2022 Ohio 4054
Ohio Ct. App.2022Background
- Deputies stopped a 2016 Chrysler for expired registration; passenger (Brandon Kessler Scott) exited and ran from the vehicle before officers approached. Four officers searched the area for over an hour but initially did not locate him.
- Driver Andrew Combs consented to a search of his grandmother’s vehicle; officers found a white box in the center console containing two envelopes of white powder later confirmed as fentanyl.
- Combs testified he bought the fentanyl in Cleveland, that he and Kessler Scott used it en route, and that the drugs had been stored in Kessler Scott’s container. Combs later pled guilty in a separate case and admitted initially lying to police.
- The next day officers located and arrested Kessler Scott (on an unrelated outstanding warrant). In a police interview he admitted using the drugs but said they belonged to Combs.
- A jury convicted Kessler Scott of fifth-degree felony possession of a fentanyl-related compound; the trial court sentenced him to two years community control with a local jail term and credit for time served.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove possession | State: evidence supports constructive/joint possession—drugs were in defendant’s container, within reach, and both admitted use | Kessler Scott: no proof he exercised dominion or control; Combs bought and stored the drugs | Court: Overruled—viewing evidence most favorably to State, rational juror could find constructive/joint possession |
| Manifest weight of the evidence | State: multiple witnesses, lab confirmation, photos, maps and defendant’s admission support verdict | Kessler Scott: conviction rests on Combs’s testimony, who was uncredible and had motive to lie | Court: Overruled—jury credibility findings sustained; other corroborating evidence supports verdict |
| Jury instruction on flight (plain error) | State: defendant’s immediate flight from the stop warranted a flight/consciousness-of-guilt instruction; instruction was neutral | Kessler Scott: he merely returned home and was easily found next day; instruction prejudicial | Court: Overruled—evidence supported giving neutral instruction; any inference for motive was for jury to weigh |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (defines legal sufficiency standard for criminal convictions)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (evidence sufficiency reviewed by viewing record in light most favorable to prosecution)
- State v. Hankerson, 70 Ohio St.2d 87 (1982) (establishes constructive possession requires dominion, control, and awareness)
- State v. Hand, 107 Ohio St.3d 378 (2006) (flight and related conduct admissible as circumstantial evidence of consciousness of guilt)
- United States v. Myers, 550 F.2d 1036 (5th Cir. 1977) (articulates the chain of inferences necessary for flight evidence to prove guilt)
- State v. Kingsland, 177 Ohio App.3d 655 (2008) (proximity and ready availability of drugs can support constructive/joint possession)